HomeMy WebLinkAboutReso 20-21 Plan Morro Bay Adoption & EIR Certification (1)RESOLUTION NO. 20-21
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
CERTIFYING THE FINAL ENVIRONMENTAL IMPACT
REPORT AND ADOPTING (i) FINDINGS OF FACT, (ii) A
STATEMENT OF OVERRIDING CONSIDERATIONS, (ii) A
MITIGATION MONITORING & REPORTING PROGRAM
AND (iv) PLAN MORRO BAY: GENERAL PLAN/LOCAL
COASTAL PROGRAM UPDATE PROJECT
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, on November 7, 2017 the City issued a Notice of Preparation of an
Environmental Impact Report (EIR) for the General Plan/ Local Coastal Program Update project,
also known as Plan Morro Bay (Project) for a 30 day period from November 7, 2017 to December
7, 2017; and
WHEREAS, a public scoping meeting was held on November 21, 2017 at the Veteran's
Memorial Building at 209 Surf Street in Morro Bay;
WHEREAS, on October 16, 2020, a Notice of Availability of the Draft EIR
(SCH#2017111026) for the Project was posted with the State Clearinghouse. It was also
circulated to federal, state, and local agencies and interested parties requesting a copy. Copies
of the Draft EIR were also made available to the public at the following location:
•
•
City of Morro Bay Plan Morro Bay website: www.morrobayca.gov/planmb
City Community Development Department: 955 Shasta Avenue, Morro Bay
WHEREAS, the Draft EIR was prepared and circulation for a 45 day public review period
from October 19, 2020 to December 4, 2020; and
WHEREAS, on February 8, 2021, (,) Responses to Comments were prepared for all
comments received on the Draft EIR and posted to the City website and (ii) a Final EIR for the
Plan Morro Bay General Plan/ Local Coastal Program Update project (SCH#2017111026) which
incorporates the DEIR and responses to written comments on the DEIR, was completed and
released for public review;
WHEREAS, duly noticed public hearings for the Public Draft of Plan Morro Bay were held
by Planning Commission on August 7, 2018, August 23, 2018, September 4, 2018, December 4,
2018, and December 18, 2018; and
WHEREAS, duly noticed public hearings for the Adoption Hearing Draft were held by
Planning Commission on October 20, 2020, November 4, 2020, November 17, 2020, December
1, 2020, and December 15, 2020; and
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Plan Morro Bay: GP/LCP Update & EIR Certification
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WHEREAS, the Planning Commission of the City of Morro Bay conducted a public hearing
via video conference on March 16, 2021 for the purpose of considering a favorable
recommendation to the Morro Bay City Council for adoption of Plan Morro Bay@ General
P lan/Local Coastal Program Update project and recommendation to certify the Final
Environmental Impact Report (FEIR) ('Project"); and
WHEREAS, the City Council of the City of Morro Bay (the "City") conducted a public
hearings via video conference on April 27, 2021, May 11, 2021, and May 25, 2021, for the purpose
of considering the favorable recommendation by the Planning Commission and for purposes of
adoption of Plan Morro Bay: General Plan/Local Coastal Program Update project and certification
of the Final Environmental Impact Report (FEIR) ("Project'); and
WHEREAS, pursuant to the Governor's Executive Order N-29-20 issued on March 17,
2020 in response to the present State of Emergency in existence due to the threat of COVID-19,
the City of Morro Bay Planning Commission is authorized to hold public meetings via
teleconferencing and all requirements in the Brown Act expressly or impliedly requiring the
physical presence of members, the clerk or other personnel of the body, or of the public as a
condition of participation in or quorum for a public meeting are hereby waived; and
WHEREAS, notice of the public hearing was provided at the time and in the manner
required by law; and
WHEREAS, the City Council has duly considered all evidence, including the written and
oral staff report, presentation, public testimony on the FEIR and the Project, and whether the FEIR
should be certified and whether the Project should be approved and
WHEREAS, the written staff report regarding the FEIR and the Project are found to be
true and accurate in all respects and is incorporated herein by this reference;
WHEREAS, prior to the final consideration and any possible approval of any and all
physical aspects of the Project as analyzed by the FEIR, the City Council and all City legislative
bodies involved with the Project will consider the FEIR and the City Council recommends all other
governmental agencies and legislative bodies that must review or approve if at all, the Project do
the same, and
WHEREAS, the City Council has completed review of the FEIR and related materials.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as
follows:
S ection 1: The foregoing recitals are true and correct and incorporated herein.
S ection 2: Based on substantial evidence, both written and oral, from the public meeting and
in the record of proceedings, and the City Council's independent judgment, the City Council
makes the following findings and takes the following actions with respect to the FEIR:
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A. The City Council has independently reviewed and considered the FEIR, including the
comments received on the FEIR during the public review, and the responses to those
comments.
B. The FEIR reflects the City's and the City Council's independent judgment and is found
and determined to have been completed in compliance with CEQA, and is adequate
for the Project.
C. The FEIR is found and determined to have demonstrated, with implementation of the
mitigation measures described in the FEIR, the Project, if approved by the City Council
and all other required governmental agencies and legislative bodies, will have no
significant effect on the environment, except as discussed in Section 2. F., below.
D. The FEIR is found and determined to have satisfied the requirements of CEQA and a
Mitigation Monitoring and Reporting Program (MMRP) has been prepared to ensure
effective implementation and enforcement of all adopted mitigation measures for the
Project.
E. The MMRP for the Project is hereby adopted, in order to mitigate or avoid significant
effects on the environment, and further the City Council:
1. commits the MMRP will be included, as conditions of approval, expressly
or by reference, for all approvals if any, of the Project by the Morro Bay
City Council, Planning Commission and other City legislative bodies and
staff and
2. recommends all other governmental agencies and legislative bodies that
must review, approve, or issue permits for, the Project do so as well.
F. As analyzed and determined in the FEIR, the project would result in significant and
unavoidable impacts to air quality and transportation that would not be reduced to less
than significant levels even with mitigation Based on that analysis, as required by
CEQA section 15093, a statement of overriding considerations (SOC) has been
prepared.
Section 3: The documents and other materials that constitute the record of proceedings upon
which adoption of this Resolution is based, are in the custody of the City of Morro Bay, Community
Development Department, Planning Division, 955 Shasta Avenue, Morro Bay, CA 93442. The
custodian of those documents is Scot Graham, Community Development Director.
Section 4: Based upon all the foregoing, pursuant to CEQA, the City Council adopts
A. the CEQA Findings of Fact, attached hereto as part of Attachment 1, and incorporated
herein by this reference,
B. the SOC, attached hereto as part of Attachment 1, and incorporated herein by this
reference
C. the MMRP, attached hereto as Attachment 2 and incorporated herein by this reference.
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S ECTION 5: Based upon all the foregoing, the City Council hereby certifies the FEIR.
S ECTION 6: Based upon all the foregoing, the City Council hereby approves the Project and
directs staff to pursue obtaining all necessary governmental permits, real property interests,
financing, design, construction activities, and other related actions for the Project.
S ECTION 7: This resolution will become effective immediately upon adoption.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof
held on this 25th day of May, 2021 on the following vote:
AYES: Headding, Addis, Barton, Davis
NOES: Heller
ABSENT: None
ABSTAIN: None
John ? eaddint, Mayor
ATTEST
Dana Swanson, City Clerk
Attachment A to Council Resolution 20-21
FINDINGS OF FACT
Morro Bay General Plan and Local Coastal
Program (LCP) Update Project
The City of Morro Bay (City) has prepared a Final Fnvironmental Impact Report (FEIR) pursuant
to the requirements of the California Environmental Quality Act (CEQA) (Public Resource Code
Section 21080[d]) and the State CEQA Guidelines (14 California Code of Regulations Section
15063) evaluating potential environmental effects that may result from the proposed Morro Bay
General Plan and Local Coastal Program (LCP) Update Project, also known as Plan Morro Bay
(project). These Findings of Fact have been prepared for the project pursuant to State CEQA
Guidelines Sections 15091 and 15093.
Certification of Final EIR
In accordance with State CEQA Guidelines Section 15090, the City, as lead agency for the
project, certifies:
(a) The FEIR for the project has been completed and processed in compliance with the
requirements of CEQA;
(b) The FEIR was presented to the Morro Bay City Council, and as the decision -making
body for City, the Morro Bay City Council reviewed and considered the information
contained in the FEIR prior to approving the project
(c) The FEIR reflects the City's independent judgment and analysis.
With the adoption of these findings, the City has exercised independent judgment in accordance
with Public Resource Code (PRC) subdivision 21082.1(c) while retaining its own environmental
consultant, i.e , directing the consultant in preparation of the entire FEIR as well as reviewing,
analyzing, and revising material prepared by the consultant.
These Findings of Fact have been prepared in accordance with CEQA and State CEQA
Guidelines. The purpose of these Findings of Fact is to satisfy the requirements of PRC section
21081 and Sections 15090, 15091, 15092, 15093, 15094, and 15097 of the State CEQA
Guidelines, in connection with the approval of the Morro Bay General Plan and Local Coastal
Program (LCP) Update Project.
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Before project approval, the FFIR must be certified pursuant to Section 15090 of the State CEQA
Guidelines. Additionally, the City must make one or more of the following findings in its
Findings of Fact, accompanied by a brief explanation of the rationale, pursuant to Section 21081
and Section 15091 of the State CEQA Guidelines, for each identified potentially significant
adverse impact:
(1) Changes or alterations have been required in, or incorporated into, the project that avoid
or substantially lessen the significant environmental effects as identified in the FEIR.
(2) Such changes or alterations are within the responsibility and jurisdiction of another public
agency and not the agency making the finding. Such changes have been adopted by such
other agency or can and should be adopted by such other agency.
(3)
Specific economic, legal, social, technological or other considerations, including
provision of employment opportunities for highly trained workers, make infeasible the
mitigation measures or project alternatives identified in the FEIR.
The City has made one or more of the specific written findings above regarding each potentially
significant impact associated with the project. Those findings are presented here, along with a
presentation of facts in support of the findings The proposed mitigation measures identified as
feasible and within the City's authority to implement for the approved project become express
conditions of approval that the City commits and binds itself to upon project approval. These
requirements are referenced in the Mitigation Monitoring and Reporting Plan (MMRP) adopted
concurrently with these Findings of Fact and will become effective and implemented, as
applicable, through project implementation (i.e., pre -construction, construction, post -construction,
operation and routine maintenance).
Section 15092 of the State CEQA Guidelines states after consideration of an EIR, and in
conjunction with the Section 15091 findings identified above, the lead agency may decide
whether or how to approve or carry out the project. The lead agency may approve a project with
unavoidable significant adverse environmental effects only when it finds that specific economic,
legal, social, technological, or other benefits of the project outweigh those effects. Section 15093
of the State CEQA Guidelines requires the lead agency to document and substantiate any such
determination in a "Statement of Overriding Considerations" as a part of the record.
As required by CEQA, the City Council expressly finds the FEIR for the Morro Bay General Plan
and Local Coastal Program (LCP) Update reflects the City's independent review and judgment.
In accordance with the provisions of CEQA and the State CEQA Guidelines, the City adopts these
Findings of Fact as part of its cer tification of the FEIR. A brief explanation of the rationale for
each finding is provided in Chapters 4, 5, 6 and 7.
Organization of CEQA Findings of Fact
The content and format of these CEQA Findings of Fact are designed to meet the latest CEQA
Statutes and Guidelines. This document is organized into the following sections:
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Findings of Fact
Chapter 1, Project Description describes the location, project overview, project objectives, and
the required permits and approvals for the project.
Chapter 2, CEQA Review and Public Outreach describes the steps the City has undertaken to
comply with the State CEQA Guidelines as they relate to public input, review, and participation
during the preparation of the Draft and Final EIR.
Chapter 3, Impacts Determined to be Less than Significant provides a summary of those
environmental issue areas where no reasonably foreseeable impacts would occur and those
impacts determined to be below the threshold of significance without the incorporation of
mitigation measures.
Chapter 4, Less -than -Significant Environmental Impacts with Mitigation provides a
summary of potentially significant environmental impacts for which implementation of proposed
feasible mitigation measures would avoid or substantially reduce the environmental impacts to
less -than -significant levels.
Chapter 5, Significant and Unavoidable Environmental Impacts provides a summary of
potentially significant and significant environmental impacts for which no feasible mitigation
measures are identified, or for which implementation of proposed feasible mitigation measures
would not avoid or substantially reduce the environmental effects to less -than -significant levels.
This section also provides specific written findings regarding each significant impact associated
with the project.
Chapter 6, Project Alternatives provides a summary of the alternatives considered for the
project and provides specific written findings regarding each alternative associated with the
project.
Chapter 7, Statement of Overriding Considerations discusses economic, legal, social,
technological, and/or other benefits including City-, region- or state-wide environmental benefits,
of the project against the significant and unavoidable environmental impacts of the project.
Record of Proceedings
The documents and other matey ials that constitute the record of proceedings upon which the
City's project approval is based are located at the City offices: 955 Shasta Avenue, Morro Bay,
CA 93442. The City is the custodian of such documents and other material that constitute the
record of proceedings. The record of proceedings is provided in compliance with PRC
subdivision 21081.6(a)(2) and Subdivision 15091(e) of the State CEQA Guidelines.
Program Level Analysis
A program EIR (State CEQA Guidelines section 15168) is an EIR which may be prepared on a
series of actions that can be characterized as one large project and are related either:
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1) Geographically,
2) A logical parts in the chain of contemplated actions,
3) In connection with issuance of rules, regulations, plans, or other general criteria to govern
the conduct of a continuing program, or
4) As individual activities carried out under the same authorizing statutory or regulatory
authority and having generally similar environmental effects which can be mitigated in
similar ways.
The FEIR for the project provides an analysis of potential impacts of all construction, operational
and routine maintenance actions and activities reasonably foreseeable with implementation of the
project. The FEIR is as an infoimational document for use in the City's review and consideration
of the project. As a programmatic document the FEIR presents and discloses a region -wide
assessment of the environmental impacts of the project.
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CHAPTER 1
Project Description
The City, as the lead agency, is adopting the project as described in the Draft EIR and amended in
the Final EIR. The following is a brief overview of the project description.
1.1 Project Location
The City's General Plan addresses all land within the city limits and surrounding areas, including
the sphere of influence (SOI). The City has a total planning area of over 14 square miles. The area
inside the city limits is approximately 5 square miles. The remaining nine square miles in the
planning area are not currently part of the city. While properties outside the city limits are
currently under the jurisdiction of the County of San Luis Obispo, they relate to Morro Bay's
identity and character, and are therefore included in the General Plan and LCP Update planning
area.
1.2 Project Overview
The project analyzed in the FEIR is the City's General Plan and Local Coastal Program (LCP)
Update also known as Plan Morro Bay. The project is a comprehensive update of the City's 1988
General Plan and 1984 LCP. Each element of the plan addresses different aspects of the
community and identifies measurable actions to guide residents, decision -makers, businesses, and
City staff toward achieving the vision. Goals established within the General Plan and LCP Update
are intended to help the community enhance and maintain its identity as a seaside community that
values its charming artistic town character, working waterfront, and healthy environment and
lifestyle, while guiding the city toward a more sustainable future. The General Plan and LCP
Update establishes overarching City policies and priorities that describe how the community
intends to use and manage its physical, social, and economic resources.
The LCP consists of the City's Land Use Plan, Local Implementation Plan, portions of the
Zoning Code, land use and zoning maps, and implementing actions. As a package, these
components implement the Coastal Act at the local level in Morro Bay The adopted and certified
LCP forms the legal standard of review for issuance of Coastal Development Permits within the
city's coastal zone and is legally binding on the City. The LCP may be amended to stay up to date
with State laws and to continue to reflect the vision of the community.
The California Governor s Office of Planning and Research recognizes the relationship between
General Plans and LCPs for coastal cities and recommends that both requirements be addressed
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by integrating the General Plan and the LCP. An integrated plan allows the community to apply
the vision and requirements for both documents in a comprehensive manner, facilitating a unified
and efficient approach to complying with both California general plan law and the California
Coastal Act. Because parts of the city are located outside of the coastal zone, with the remainder
and majority of the city located in the coastal zone, the City has found it appropi late to follow
OPR's recommendation and integrate the updated General Plan and LCP.
The land use classifications included in the General Plan and LCP define the basic categories of
land use allowed in the city and ate the basis for the zoning districts established in the Morro Bay
Municipal Code, which contain more specific regulations and standards governing development
o n individual properties. Implementation of land use policies established by the General Plan and
LCP Update would alter the development capacity associated with the planned distribution of
land uses described in the Land Use Element, resulting in anticipated increases in residential and
non-residential levels of development.
The City's population is estimated to be approximately 12,062 people in the year 2040. The
General Plan and LCP Update does not specify a maximum population for the City. However,
any growth in the City must be consistent with Measure F, a voter -approved growth management
o rdinance that limits the city to 12,200 residents. Full buildout of the General Plan and LCP
Update would result in an estimated 881 new dwelling units in the City. The maximum possible
n umber of residential units is determined by the maximum densities allowed for each land use
designation and the amount of land area within that designation. However, this maximum number
of units is unlikely to be reached because every residential parcel in the City would need to be
developed to its maximum potential density, which is not anticipated for all parcels under actual
buildout conditions due to site constraints and other factors.
To maintain consistency with the General Plan and LCP Update, the project also includes a
comprehensive Zoning Code Update which includes the Coastal Implementation Plan
Amendments included as part of the project include:
• Updating the allowed uses in all zones as necessary for consistency with the General Plan
Land Use Designations.
Establishing new zoning district(s) as necessary to implement the General Plan and LCP
Update.
Updating other development standards as necessary to implement the General Plan and
LCP Update. This will include maximum height, setbacks, design standards and other
standards.
•
•
• Updating administration and permitting to integrate coastal permit processes.
1.3 Project Need and Objectives
State law (Government Code sections 65300 through 65303.4) sets forth the requirement for each
municipality to adopt and periodically update its General Plan, and sets the requirement that a
General Plan contain the following mandatory subject areas, or "elements", including Land Use,
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Circulation, Housing, Open Space, Conservation, Noise, Safety, and Environmental Justice.
California adopted Senate Bill 1000 on Septembei 24, 2016 requiring cities to develop an
Environmental Justice element, or related environmental justice goals and policies to reduce the
unique or compounded health risks in "disadvantaged communities. ' Cities are required to
incorporate environmental justice goals and policies into their general plan when they update two
or more general plan elements on or after January 1, 2018. State law also allows for optional
elements that can be organized or combined at the City's discretion. The General Plan and LCP
Update includes the required subjects/elements as well as two additional elements, Community
Design and Economic Development. The environmental justice content required by SB 1000 is
included in the Environmental Justice Element of the General Plan and LCP Update.
The General Plan and LCP Update is intended to function as a policy document to guide land use
decisions within the city planning area through the year 2040. The vision for the city over the
next 20 to 30 years was developed with community input, and in order to realize the community's
vision for the Morro Bay community, the City focuses on the following objectives identified in
the General Plan and LCP Update:
• Natural Environment. Sustainably preserve our estuary, shoreline, and open green spaces,
and ensure our parks and recreation spaces are healthy, resilient, and accessible to all.
• Heritage & Identity. Welcome visitors while maintaining our small-town character and
honoring our maritime heritage.
• Jobs & Housing Provide for a range of affordable housing options and living wage jobs
resulting in a higher quality of life.
• Fconomic Vitality. Support our diverse and sustainable economy for both new and
existing locally owned businesses including community -supporting tour ism.
Infrastructure & Amenities. Maintain and provide model n, resilient infrastructure and
public amenities.
• Mobility & Access. Provide safe and accessible streets trails, and multimodal
transportation options which conveniently connect people and places throughout town
and to surrounding destinations.
• Good Governance. Maintain our government which is supportive, collaborative,
equitable, and responsive to the needs of all segments of the population.
• Resident Services. Provide a range of public services that support a diverse and
multigenerational community.
•
1.4 Discretionary Actions
An EIR is a public document used by a public agency to analyze the potentially significant
environmental effects of a proposed project, to identify feasible alternatives, and to disclose
possible ways to substantially reduce or avoid such impacts to the physical environment (CCR,
Title 14, section 15121). As an informational document, an EIR does not recommend for or
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against approval of a project. The main purpose of an FIR is to inform governmental decision
makers and the public about the potential environmental impacts of a proposed project.
The information and analysis in the FFIR will be used by the Morro Bay Planning Commission
City Council, and the general public. The California Coastal Commission would be a responsible
agency for certification of the General Plan and LCP Update, 7oning Code Update, and Coastal
Implementation Plan included in the project. Although not responsible agencies under CEQA,
several other agencies have review authority over aspects of the project or approval authority over
other projects that could potentially be implemented in accordance with various objectives and
policies included in the General Plan and LCP Update. These agencies and their roles are listed
below.
•
The State Geologist is responsible for the review of the City's program for minimizing
exposure to geologic hazards and for regulating surface mining activities.
• The California Department of Transportation (Caltrans) has responsibility for approving
future improvements to the state highway system, including State Route 1 (SR 1) and
State Route 41 (SR 41) West.
• The California Department of Fish and Wildlife (CDFW) has responsibility for issuing
take permits and streambed alteration agreements for any projects with the potential to
affect plant or animal species listed by the State of California as rare, threatened, or
endangered or that would disturb waters of the State.
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CHAPTER 2
CEQA Review and Public Outreach
The City has complied with CEQA and the State CEQA Guidelines during the preparation of the
FEIR for the General Plan and LCP Update. In accordance with Section 15082 of the State CEQA
Guidelines, an initial Notice of Preparaton (NOP) was circulated to local, state, and federal
agencies and to other interested parties in November 2017. Copies of the NOP and project
documents were made available on the City website (www.morrobay.gov); at the Morro Bay
Public Library (625 Harbor Street, Morro Bay); at City Hall (595 Harbor Street, Morro Bay); and
in the Community Development Department (955 Shasta Avenue, Morro Bay). In response to the
NOP, comments were received from various organizations and interested parties. The NOP,
scoping meeting material and reports, and comments received on the NOP are included in
Appendix A of the FEIR.
The Draft EIR was circulated for public review and comments from October 2020 through
December 2020, initiating a 45-day public review period pursuant to CEQA and its implementing
guidelines. The document and Notice of Completion (NOC) was distributed to the California
Office of Planning and Research, State Clearinghouse. Relevant agencies also received copies of
the document. A Notice of Availability (NOA) was distributed to interested parties, which
informed them of where they could view the document and how to comment. The purpose of the
45-day review period was to provide interested public agencies, groups and individuals the
opportunity to comment on the contents and accuracy of the document.
During the public comment period, copies of the Draft EIR were made available for review at the
following locations:
• City of Morro Bay website (www.morrobay.gov); and
• Morro Bay Community Development Department (955 Shasta Avenue, Morro Bay).
The FEIR has been completed and includes written and verbal comments received on the Draft
EIR, responses to the comments, and changes made to the Draft EIR.
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CHAPTER 3
Impacts Determined to be Less than Significant
The following potential environmental impacts of the General Plan and LCP Update are less than
significant and do not require mitigation measures.
3.1 Agricultural Resources
The General Plan and LCP Update would not result in impacts to or conflict with zoning of
agricultural or forestry resources. All of the agricultural land in Morro Bay is located in the
coastal zone and is protected under the Coastal Act. The General Plan and LCP Update would not
conveit or conflict with existing zoning for agricultural resources in the planning area. Policies in
the Land Use, Open Space, and Public Safety Elements of the General Plan and LCP Update
would piotect the existing agricultutal resources in the planning area and ensure that adverse
impacts to such resources are avoided or minimized to a less than significant level. The General
Plan and LCP Update planning area does not contain any lands zoned for forest land or
timberland production and the General Plan and LCP Update would not conflict with existing
zoning for, or cause rezoning of, forest land, timber land or conversion of forest land to non -
forest use. Impacts to agricultutal and forestry resources would be less than significant. (FEIR
p.6-1.)
3.2 Aesthetics
The General Plan and LCP Update would not result in adverse effects on scenic vistas or scenic
resources. Policies identified in the General Plan and LCP Update would help preserve existing
scenic vistas by requiring identification, designation, and protection of viewsheds and scenic
✓ istas and by requiring new development to incorporate design features that protect or enhance
e xisting scenic views and vistas. New developrent or redevelopment facilitated by the General
Plan and LCP Update would also be subject to the updated standards in the City Zoning Code that
regulate signage design, and protection of visual resources in the city. Compliance with the
City s updated Zoning Code tequirements and the goals and policies proposed in the General Plan
and LCP Update would protect scenic resources, including historic buildings, upon development
and redevelopment facilitated by a project. As a result, impacts to scenic vistas and scenic
resources would be less than significant. (FEIR p. 4.1-11—4.1-13.)
The General Plan and LCP Update would not substantially degrade the existing visual character
o r quality of the city and its surroundings. Development facilitated by the General Plan and LCP
Update would result in visual changes to the community and would be governed by the goals and
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policies as well as the associated updates to the standards contained in the City's Zoning Code.
These plans and community standards have been developed with the goal of retaining Morro
Bay's visual character, while providing visual enhancements in the city. Compliance with
existing standards and General Plan and LCP Update goals and policies would ensure
redevelopment or new development complements the existing visual character and quality of
Morro Bay. Impacts to the visual character of the city would be less than significant (FEIR p 4.1-
13-4.1-17.)
The General Plan and LCP Update would not create new sources of substantial light of glare that
would adversely affect day or nighttime views in the area. Implementation of Genial Plan and
LCP Update Conservation Element policies would ensure the updated Zoning Code establishes
standards to prevent glare and protect the character of the city fi om inappropriate levels of
lighting. Future development facilitated by the General Plan and LCP Update would be required
to submit a lighting plan that complies with updated Zoning Code standards. Future discretionary
development in the City would require independent environmental r eview that would evaluate
project -specific light and glaie effects and subsequent mitigation, if required, to comply with
standards for lighting and building materials to prevent glaie. Impacts associated with new
sources of light and glare would be less than significant. (FFIR p. 4.1-18.)
3.3 Air Quality
The General Plan and LCP Update would not expose sensitive receptors to substantial pollutant
concentrations. The General Plan and LCP Update would allow for development of new
residences and other sensitive receptors in proximity to industrial uses, which could result in
exposure of sensitive receptors to elevated concentrations of TACs. Compliance with existing
applicable regulations, San Luis Obispo Air Pollution Contiol District (SLOAPCD) permitting
requirements and General Plan and LCP Update policies would minimize risks associated with
criteria pollutant and TAC emissions. The General Plan and LCP Update would not generate
levels of traffic that would expose sensitive receptors to substantial pollutant concentrations, or
result in new development that would expose sensitive receptors to hazards associated with
naturally occurring asbestos. Impacts associated with exposure of sensitive receptors to
substantial pollutant concentrations would be less than significant. (FEIR p. 4.2-21 — 4.2-24.)
The General Plan and LCP Update would not result in other emissions (such as those leading to
odors) adversely affecting a substantial number of people. Implementation of the General Plan
and LCP Update, and future projects, would be required to comply with SLOAPCD regulations
prohibiting nuisance emissions (including odors). Impacts associated with other nuisance
emissions including odors, would be less than significant (FEIR p. 4.2-25.)
3.4 Biological Resources
The General Plan and LCP Update would not have a substantial adverse effect on any riparian
habitat or other sensitive natural community and would not have a substantial adverse effect on
state or federally protected wetlands. Wetlands and waterways may be subject to USACE,
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RWQCB and/or CDFW jurisdiction(s), as well as subject to the CCA. Compliance with the
requirements of the CWA, Portei-Cologne, California Fish and Game Code and CCA would be
required foi any project proposed under the General Plan and LCP Update. New development or
redevelopment facilitated by the General Plan and LCP Update would also be subject to the
standards in the Municipal Code relating to sensitive natural communities, ESHA wetlands and
riparian areas in the city. Compliance with City's updated Municipal Code requirements and the
goals and policies pioposed in the General Plan and LCP Update would protect wetlands, riparian
areas, streams and other sensitive natural communities from potential impacts associated with
development and redevelopment facilitated by the project. Impacts associated with riparian
habitats and wetlands would be less than significant. (FEIR p. 4.3-38 - 4.3-40.)
The General Plan and LCP Update would not conflict with any local policies or ordinances
pt otecting biological resources and would not conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation Plan, or other approved local, tegional, or
state habitat conservation plan. The planning area is not within the boundaries of any of
aforementioned plans, nor is it immediately adjacent to such a plan Future development under
the General Plan and LCP Update would be subject to all applicable local policies and
regulations, including applicable requirements of the Morro Bay Municipal Code, related to the
protection of important biological resources. Impacts associated with conflicts to local policies,
plans or ordinances protecting biological resources would be less than significant. (FEIR p. 4.3-
42.)
3.5 Cultural Resources
The General Plan and LCP Update would not disturb any human remains, including those
interred outside of dedicated cemeteries. Adherence to existing regulations, such as PRC section
5097, California Health and Safety Code (sections 7050.5, 7051, and 7054), and PRC section
5097.98, would ensure regulations are established prohibiting interfering with human burial
remains; protect human remains from disturbance, vandalism, of destruction; and establish
procedures to be implemented if Native American skeletal remains are discovered. Impacts
associated with the disturbance of human remains would be less than significant. (FEIR p. 4.4
12.)
3.6 Energy
The General Plan and LCP Update would not result in a potentially significant environmental
impact due to wasteful, inefficient, or unnecessary consumption of energy iesources, during
construction or operation. The General Plan and LCP Update is based on a land -use strategy that
would promote greater energy efficiency in community and municipal operations. General Plan
and LCP Update policies and implementation programs would ensure that development under the
General Plan and LCP Update would comply with existing energy efficiency regulations. Impacts
associated with the wasteful, inefficient, or unnecessary consumption of energy resources would
be less than significant. (FEIR p. 4.16-12 - 4.16-16.)
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The General Plan and LCP Update would not conflict with energy efficiency goals contained in
the City s Climate Action Plan. Construction and operation of projects facilitated by the General
Plan and LCP Update would comply with relevant provisions of the State's CALGreen Program
and Title 24 of the California Fnergy Code. Impacts associated with conflicts with energy
efficiency policies, plans, and ordinances would be less than significant. (FEIR p. 4.16-17.)
3.7 Geology and Soils
The General Plan and LCP Update would not directly or indirectly cause potential substantial
adverse effects, including the risk of loss, injury, or death involving: rupture of a known
earthquake fault, strong seismic ground shaking, seismic -related ground failure/collapse,
liquefaction, landslides unstable soil, lateral spreading, or subsidence. Construction and
occupancy of new buildings under the General Plan and LCP update could result in exacerbated
hazards associated with geologic hazards. Adherence to requirements of the California Building
Code and implementation of the goals and policies of the General Plan and LCP update would
minimize the potential for loss, injury, or death following a seismic event, landslide liquefaction,
or other geologic ha7ards. Impacts associated with adverse geologic ha7ards would be less than
significant. (FEIR p. 4.5-12 — 4.5-14.)
The General Plan and LCP Update would not result in substantial soil erosion or the loss of
topsoil. New development under the General Plan and LCP Update would involve construction
activities such as stockpiling, grading, excavation, paving and other earth disturbing activities.
These construction activities may result in loose and disturbed soils, which can increase the
potential for erosion and loss of topsoil, however, compliance with applicable regulations,
including the Clean Water Act, and implementation of the goals and policies of the General Plan
and LCP Update, would support erosion minimization and control loss of topsoil. Impacts
associated with soil erosion and loss of topsoil would be less than significant. (FEIR p. 4.5-14 —
4.5-17.)
The General Plan and LCP Update would not be located on expansive soils, creating substantial
risks to life or property. The CBC includes requirements to address soil -related hazards. Typical
measures to treat hazardous soil conditions involve removal, pioper fill selection, and
compaction. Compliance with the soil -related hazard requirements of the CBC as well as Section
14.18.010 of the Morro Bay Municipal Code, requiring structural analysis of buildings to be
conducted by a civil or structural engineer or architect licensed by the state, would ensure that
impacts related to expansive soils would be addressed prior to and during construction.
Implementation of goals and policies of the General Plan and LCP Update, in addition to
compliance with applicable laws and regulations for structural development to address soil -
related hazards, would minimize the potential for risks to life or property associated with soil
expansion. Impacts associated with expansive soils would be less than significant. (FEIR p. 4.5
17-4.5-18.)
The General Plan and LCP Update would not facilitate development on soils incapable of
adequately supporting the use of septic tanks or alternative wastewater disposal systems. In
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general, new development under the General Plan and LCP Update would occur where existing
roads, water, and sewer systems are in place, minimizing the need to develop new wastewater
disposal systems. Section 13.12.230 of the Morro Bay Municipal Code prohibits dumping or
discharging from septic tanks, avoiding impacts to soils from such systems. Therefore, the
General Plan and LCP Update would not result in a significant impact associated with soils that
are incapable of suppot Ling septic tanks or alternative wastewater disposal systems. Impacts
associated with alternative wastewater systems would be less than significant. (FEIR p 4.5-18.)
The General Plan and LCP Update would not directly or indirectly destroy a unique
paleontological resource, site or unique geologic feature. The Pismo Formation and Pleistocene -
aged alluvial deposit geologic units in the vicinity of Morro Bay are known to contain substantial
paleontological resources. However, there is no mapped Pismo Formation within city limits, and
fossil -bearing sediments in the Morro Bay area ate predominantly located on State packs land and
offshore. Implementation of the General Plan and LCP Update goals and policies would reduce
potential adverse impacts to paleontological resources in the planning area Impacts associated
with paleontological resources would be less than significant (FEIR p. 4.5-18 — 4.5-19.)
3.8 Greenhouse Gas Emissions
The General Plan and LCP Update would not generate greenhouse gas emissions, either directly
of indirectly that may have a significant impact on the environment or would conflict with an
applicable plan, policy or regulation adopted foi the purpose of reducing the emissions of
greenhouse gases. Implementation of General Plan and LCP Update Conservation Element Policy
C-4.1 would establish GHG teduction goals consistent with the State's 2030 and 2050 greenhouse
gas emissions reduction goals. Conservation Element Policies C-4.2, C-4.3, and C-4.4 require the
City to update the CAP to comply with evolving state goals and requirements and would ensure
that the CAP continues to provide measures for future development projects in the planning area
to assess their consistency with City GHG reduction goals. The General Plan and LCP Update
would be consistent with regional and State plans, policies, and regulations adopted for the
purpose of reducing GHG emissions. Impacts associated with the emission of greenhouse gas
emissions would be less than significant. (FEIR p. 4.6-12 — 4.6-17.)
3.9 Hazards and Hazardous Materials/Wildfire
Implementation of the General Plan and LCP Update could result in an incremental increase in
the overall routine transport, use, storage, and disposal of hazardous materials in the planning
area, and increase the risk of release of hazardous materials. Oversight by the appropriate federal
State, and local agencies and compliance by new development with applicable regulations related
to the handling and storage of hazardous materials would minimize the risk of the public's
potential exposure to these substances. Compliance with applicable regulations ►elated to the
handling transport, disposal and storage of hazardous materials and adheience to proposed
General Plan and LCP Update policies would minimize the risk of spills and the public's
potential exposure to these substances and reduce the risk of adverse impacts of hazardous
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materials. Impacts associated with the routine transport, use, storage, and disposal of hazardous
materials would be less than significant. (FEIR p. 4.7-14 — 4.7-16.)
New development of residential, industrial, and commercial uses facilitated by the General Plan
and LCP Update could result in increased use and storage of hazardous materials within one
quarter mile of existing or pi oposed schools. Compliance with regulatory requirements of the San
Luis Obispo County EHS and existing applicable State and federal regulations would minimize
the risks associated with exposure of sensitive receptors to hazardous materials. Impacts
associated with increased exposure of existing or proposed schools to hazardous materials would
be less than significant. (FFIR p. 4.7-16 — 4.7-17.)
The General Plan and LCP Update would not create a significant hazard to the public or the
environment result in by locating projects on a site which is included on a list of hazardous
materials sites compiled pursuant to Government Code section 65962.5. Compliance with Policy
PS-4.4 of the Public Safety Element directs the City to work with appropriate regulatory agencies
in managing contaminated sites and is intended to facilitate compliance with regulatory
requirements related to hazardous waste contamination. In addition, existing federal and State
regulatory requirements associated with hazardous waste contamination would minimize this
impact. New development on documented hazardous materials sites in the planning area would be
preceded by remediation under the supervision of applicable regulatory agencies. Impacts
associated with development on potential hazardous material sites would be less than significant.
(FEIR p. 4.7-17 — 4.7-18.)
The General Plan and LCP Update would not result in a safety hazard or excessive noise for
people residing or working in the project area The planning area is not located in an airport land
use plan area or associated safety zones associated with runway activities. Impacts associated
with exposure to aviation hazards or excessive aviation related noise would be less than
significant. (FEIR p. 4.7-18.)
The General Plan and LCP Update would not impair implementation of of physically interfere
with an adopted emergency response plan or emergency evacuation plan. Fite Department review
of new development applications for adequate emergency access and evacuation routes, in
addition to implementation of the General Plan and LCP Update Public Safety Element policies,
would ensure adequate emergency response. Proposed policies and mapped evacuation routes in
the General Plan and LCP Update would ensure effective emergency response following a natural
or human -caused disaster. Impacts associated with conflicts with emergency response/evacuation
plans would be less than significant. (FEIR p. 4.7-19.)
The General Plan and LCP Update planning area includes a designated very high fire hazard area.
However, land use designations would limit new development within designated very high fire
hazard areas to recreational uses. State requirements for very high fire hazard areas include
California Fire Code standards for new structures and fire hazard policies in the General Plan and
LCP Update apply to fire hazard areas. Fire Department review of new development applications
for adequate emergency access and evacuation routes, in addition to implementation of the
General Plan and LCP Update Public Safety Element policies, would ensure adequate emergency
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response. Additionally, goals and policies included in the General Plan and LCP Update would
minimize exposure of people or structures to risk of loss, injury, or death involving wildland fires.
Impacts associated with exposure to fire hazards would be less than significant. (FEIR p. 4.7-20 —
4.7-22.)
3.10 Hydrology and Water Quality
The General Plan and LCP Update would not conflict with or obstruct implementation of a water
quality control plan or degrade surface water quality by violating any water quality standards or
waste discharge requirements. Compliance with NPDES permits requirements, Morro Bay
Municipal Code requirements, and General Plan and LCP Update goals and policies would
minimize erosion and siltation, reduce the risk of discharge of pollutants to avoid violations of
water quality standards or waste discharge requirements, and minimize potential impacts of sea
level rise. Implementation of these General Plan and LCP Update goals and policies would also
ensure that the runoff from development envisioned in the General Plan and LCP update would
not exceed the capacity of the City's existing and future storm dram system and minimize
potential flooding impacts. Impacts associated with the degradation of water quality and conflicts
with water quality plans would be less than significant. (FFIR p. 4.8-15 — 4.8-21.)
The General Plan and LCP Update would not impede sustainable groundwater management of
the basin by conflicting with or obstruct implementation of a sustainable groundwater
management plan, substantially decreasing groundwater supplies, or interfering substantially with
groundwater recharge. Compliance with the Morro Bay Municipal Code and the Centtal Coast
RWQCB's post -construction requirements for stormwater management would ensure that new
impervious surfaces would not substantially interfere with groundwater recharge. The City
evaluates water supply in the OneWater Plan and has determined that there is adequate water
supply to serve butldout of the General Plan and LCP Update. Impacts associated with
groundwater recharge and conflicts with groundwater management plans would be less than
significant. (FEIR p. 4.8-21 — 4.8-21.)
The General Plan and LCP Update would not substantially alter existing drainage patterns or
contribute to flooding in the City, including through the alteration of the coutse of a stream or
river, dam inundation, or through the addition of impervious pavements. Implementation of goals
and policies and compliance with applicable laws and regulations, including flood hazard
mitigation construction guidelines outlined in the Morro Bay Municipal Code, would ensure that
risk of loss, injury or death involving flooding in the planning area is not exacerbated by the
General Plan and LCP Update. Required compliance with applicable sections of the Morro Bay
Municipal Code would ensure new structures would not impede or redirect flood flows within a
100-year flood hazard area, such that a flood hazatd would be increased elsewhere. Impacts
associated with altered drainage patterns and flooding would be less than significant. (FEIR p.
4.8-22 — 4.8-24.)
The General Plan and LCP Update would not risk release of pollutants due to project inundation
in a tsunami or seiche zone. Development facilitated by the General Plan and LCP Update may
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occur in areas exposed with potential for inundation by seiche, tsunami, and/or mudflow.
Compliance with applicable Municipal Code requirements would ensure development within
areas subject to tsunami, seiche, and mudflow would be sited, designed and constructed so as to
not exacerbate risks to life and property. The General Plan and LCP Update would not increase
exposure of people or structures to significant risk or loss, injury, or death involving inundation
by seiche, tsunami, or mudflow. Impacts associated with exacerbating risk of releasing pollutants
due to inundation would be less than significant. (FEIR p. 4.8-24 — 4.8-26.)
3.11 Land Use and Planning
The General Plan and LCP Update would not physically divide an established community. New
growth in the planning area would primarily involve increased development density in developed
areas, redevelopment of existing developed parcels, or annexation of new land into the city.
General Plan and LCP Update goals and policies would facilitate connectivity and mobility by
providing for a balanced land use pattern and access throughout the planning area. This
connectivity would be provided through equitable access for residents and employees to daily
needs, strategic land use planning for new development and redevelopment, reduction in conflict
between land uses, and preservation and provision of lateral and vertical access points and
multirnodal access. The General Plan and LCP Update includes strategies, goals, and policies
intended to provide for orderly development. Impacts associated with dividing an established
community would be less than significant. (FEIR p. 4.9-8 — 4.9-14.)
The General Plan and LCP Update would not cause a significant environmental impact due to a
conflict with any applicable land use plan, policy, or regulation adopted for the purpose of
avoiding or mitigating an environmental effect. Required updates to the Zoning Ordinance and
Zoning Map in the Morro Bay Municipal Code to ensure consistency with the General Plan and
LCP Update, which are currently being prepared by the City, will ensure compatibility between
the land use designations and zoning districts and standards within the planning area. In addition,
San Luis Obispo LAFCo has a goal to update SOIs every five years, or as necessary. Future
amendments to the Morro Bay SOI being contemplated as part of the General Plan and LCP
Update would be implemented in coordination with LAFCo and the County of San Luis Obispo
and would be required to be consistent with applicable LAFCo policy. With a comprehensive
update to the city's zoning ordinance and zoning map in conjunction with the General Plan and
LCP Update, implementation of the General Plan and LCP Update would be consistent with
applicable regional land use plans, policies, and regulations, such as the SLOCOG 2019 RTP and
city zoning districts and standards. Impacts associated with conflicts with land use plans, policies,
and regulations would be less than significant. (FEIR p. 4.9-14 — 4.9-19.)
3.12 Mineral Resources
As described in the Community Baseline Assessment for the General Plan and LCP Update, there
are no existing mineral extraction operations in Morro Bay. The state geologist has not designated
a mineral resource area of statewide or regional significance pursuant to Sections 2710 et seq of
the Public Resources Code (the Surface Mining and Reclamation Act) in the city. Similarly, the
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County of San Luis Obispo has not designated any Extractive Resource Areas in or adjacent to
the City. According to the Division of Oil, Gas & Geotheimal Resources well data, there are no
existing or historic petroleum wells in the city. Therefore, the General Plan and LCP Update
would have no impact from the loss of availability of mineial resources (FEIR p. 6-2).
3.13 Noise
Construction of individual projects facilitated by the General Plan and LCP Update would
temporarily produce high noise levels, potentially affecting nearby noise -sensitive land uses. The
temporary nature of construction noise and the City s restrictions on the timing and manner of
construction activities described in the Mono Bay Municipal Code would reduce noise impacts at
nearby noise -sensitive receptors. General Plan and LCP Update Noise Element goals and policies
further reduce potential impacts to noise -sensitive receptors from tempoiary construction noise.
Compliance with existing standards and General Plan and LCP Update goals and policies would
ensure construction activity associated with redevelopment or new development would limit
noise disturbance at noise -sensitive receptors in the city. Impacts associated with the generation
of high noise levels during construction would be less than significant. (FEIR p. 4.10-14 — 4.10-
16.)
Development facilitated by the General Plan and LCP Update could incrementally increase traffic
and associated noise levels along roadways in Morro Bay, exposing noise -sensitive land uses
located near roadways to incrementally greater noise levels. However, implementation of General
Plan and LCP Update polices promote the use of design features and techniques intended to
minimize roadway noise affecting sensitive receptors and in order to maintain compliance with
the City's interior and exterior noise standards. Policies also encourage the use of alternative
transportation in order to minimize increases in traffic that would result in increased noise in the
planning area. Policies for transportation -related noise would reduce noise and avoid generation
of excessive noise from the local highways and city streets, which would minimize the exposure
of sensitive receptors to traffic noise. Impacts associated with increased roadway noise would be
less than significant. (FF IR p. 4.10-17 — 4.10-23.)
New development facilitated by the General Plan and LCP Update would introduce new
operational noise sources associated with residential, commercial, industrial, and mixed -use land
uses. Implementation of General Plan and LCP Update policies and goals in the General Plan and
LCP Update would provide for compliance with noise standat ds in the planning area,
enforcement of the City's stationary noise standards, and limits on special events or beach events
next to noise -sensitive land uses. The continued regulation of potential land use -based noise
conflicts, consistent with the Municipal Code, would minimize disturbance to adjoining noise -
sensitive land uses. Impacts associated with the generation of noise and land use compatibility
would be less than significant. (FiEIR p. 4.10-23 — 4.10-24.)
The General Plan and LCP Update would not expose people residing or working in the project
at ea to excessive aviation related noise levels. The planning area is located outside of the existing
and projected future noise contours associated with the San Luis Obispo County Regional
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Airport. Therefore, new development facilitated by the General Plan and LCP Update,
particularly noise -sensitive uses, would not be exposed to aircraft noise. There would be no
impact. (FEIR p. 4.10-23 — 4.10-24)
3.14 Population and Housing
The General Plan and LCP Update would not result in growth in the planning area that is
substantially greater than projected in the SLOCOG regional growth forecast. The land use plan
and policies in the General Plan and LCP Update focus on working within the existing framework
of the city, with limited vacant land, to creating a balance of uses that improves housing options
and affordability in the city, while providing for sufficient services that support anticipated
population growth. Impacts associated with inducing planned or unplanned growth would be less
than significant. (FEIR p. 4.11-7 — 4.11-9.)
Implementation of the General Plan and LCP Update would not displace substantial numbers of
existing housing or people, necessitating the construction of replacement housing elsewhere.
Most of the planning area in Morro Bay is built out and existing buildings are generally in good
condition. Consistent with the General Plan and LCP Update Land Use Flement, development is
focused in at eas which would maximize the use of underutilized parcels and minimize
displacement of existing housing and people that could otherwise result in development pressure
on the periphery of the city. Additionally, new growth is directed in areas which would utilize
existing transportation and utility infrastructure The General Plan and LCP Update and General
Plan Housing Element include goals and policies to increase overall housing in the city, and there
are no current plans for displacement of housing, impacts related to displacement of existing
residences Impacts associated with displacement of people or housing would be less than
significant. (FEIR p. 4.11-9 — 4.11-11.)
3.15 Public Services/Recreation
Development facilitated by the General Plan and LCP Update would result in a long-term
increase in the city's population. Increased population would increase demand for fire, police,
school, and emergency medical services and potentially create the need for new police, fire,
school, or other service facilities; however, compliance with policies in the General Plan and LCP
Update, payment of City -required public facilities impact fees, and management of future growth
would avoid adverse environmental effects associated with the provision of new or physically
altered fire, police, school and other public facilities. Impacts associated with the provision of
new fire, police, school, and emergency medical services, and the environmental impacts of new
or altered facilities, would be less than significant. (FEIR p. 4.12-9 — 4.12-12.)
The General Plan and LCP Update would not result in substantial physical deterioration of
recreational facilities. Development facilitated by the General Plan and LCP Update would
increase the City's population with commensurate increases in demand for neighborhood and
regional parks and other recreational facilities. Additional parkland has been planned such that
the park service ratio would satisfy the City's requirement to provide a minimum of three acres or
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parkland per 1,000 residents, consistent with Quimby Act requirements. The General Plan and
LCP Update would contribute to the need for new or expanded park or recreational facilities but
also provides the policy fiamework and physical opportunities to provide expanded park or
recreational facilities. Impacts associated with the construction of and increased deterioration of
recreational facilities would be less than significant. (FEIR p. 4.12-12 — 4.12-15.)
3.16 Transportation
The General Plan and LCP Update would not substantially increase hazards due to design
features or incompatible uses (e.g. farm equipment). The General Plan and LCP Update is a
programmatic guide to transportation in Morro Bay and does not include project -level design
features. Future roadway improvements, site access, and other roadway design features would be
designed and reviewed in accordance with all applicable federal, State, and City standards.
Impacts associated with hazardous transportation design features would be less than significant.
(Final EIR p. 4.13-23 — 4.13-24.)
Due to the programmatic nature of the General Plan and LCP Update and the policies to ct eate an
integrated, multi -modal transportation system the Genet al Plan and LCP Update would not result
in inadequate emergency access. In addition, Fire Department review of new development
applications for adequate emergency access and evacuation routes is required as part of the City's
development review process. Adherence to the State and City requirements combined with
implementation of applicable General Plan and LCP Update policies, would ensure adequate
emergency response is maintained in the city. Impacts associated with inadequate emergency
access would be less than significant. (FEIR p. 4.13-24 — 4.13-25.)
3.17 Utilities and Service Systems
The General Plan and LCP Update would not require or result in the relocation of construction of
new or expanded water facilities, the construction of which could cause significant environmental
effects. Based on the water supply projections presented in the OneWater Morro Bay Plan, the
city's water supply would be sufficient to meet the projected demand of the development
envisioned in the General Plan and LCP Update. In addition, project -specific water supply
assessments would be required to be piepared by proponents of future development piojects in
the city in accordance with SB 610. Compliance with applicable General Plan and LCP Update
Land Use Element goals and policies to encourage the sustainable use and management of water
supplies in the planning area Impacts associated with water supplies and facilities would be less
than significant. (FFIR p. 4.14-11 — 4.14-15.)
The City is constructing a new WRF, which is designed to meet existing needs and future demand
associated with General Plan buildout, including development facilitated by the General Plan and
LCP Update. Completion of the new WRF, as well as implementation of the OneWater Morro
Bay Plan and the policies in the General Plan and LCP Update Conservation Element would
ensure adequate wastewater systems and infrastructure to meet future demands. Impacts
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associated with adequate wastewater treatment capacities would be less than significant. (FFIR p.
4.14 15 — 4.14-16,)
The General Plan and LCP Update would comply with federal, state, and local statutes and
regulations related to solid waste and not generate solid waste in excess of State o1 local
standards, or capacity of local infrastructure, or otherwise impair the attainment of solid waste
reduction goals. Development facilitated by the General Plan and LCP Update would increase
solid waste sent to area landfills however, Cold Canyon Landfill would have capacity to serve
the development envisioned in the General Plan and LCP Update. Goals and policies in General
Plan and LCP Update would increase the amount of waste that is diverted from the landfill and
encourage reuse and recycling. Impacts associated with adequate solid waste stoi age capacities
and compliance with federal, state and local statues would be less than significant. (FEIR p. 4.14-
17 — 4.14-18.)
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CHAPTER 4
Less -than -Significant Environmental Impacts
with Mitigation
Pursuant to State CFQA Guidelines section 15091, the following are the impacts of the General
Plan and LCP Update for which mitigation measures have been proposed in the FFIR. These
measures will avoid or substantially lessen the following potentially significant environmental
impacts to a less -than -significant level:
4.1 Air Quality
Impact AQ-2: The FEIR concludes, in Impact AQ-2, buildout of the General Plan and LCP
Update would result in short-term emissions of criteria pollutants. This impact would be less than
significant with mitigation. (FEIR p. 4.2-19.)
Finding: The City Council finds changes or alterations have been required in, or incorporated
into, the project that avoid or substantially lessen the significant environmental effect as identified
in the FEIR. Mitigation Measure AQ-2 would reduce the significant impact to a less than
significant level.
Mitigation Measure AQ-2: Proponents of individual land use projects, or other projects
requiring grading or building peimits, shall require construction contractors to incorporate the
following standard mitigation measures, as applicable, to reduce ROG NOX, and DPM
emissions from construction equipment. Mitigation measures shall be listed on project
construction plans and the project proponent shall perform periodic site inspections during
construction to ensure that mitigation measures are being implemented.
• Maintain all construction equipment in proper condition according to manufacturer's
specifications
• Fuel all off -road and portable diesel powered equipment with ARB-certified motor
vehicle diesel fuel (non -taxed version suitable for use off -road)
• Use diesel construction equipment meeting ARB's Tiei 2 certified engines of cleaner off -
road heavy-duty diesel engines, and comply with the State Off -Road Regulation
• Use on -road heavy-duty trucks that meet ARB's 2007 or cleaner certification standard for
on -road heavy-duty diesel engines, and comply with the State On -Road Regulation
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• Construction or trucking companies with fleets that that do not have engines in their fleet
that meet the engine standards identified in the above two measures (e.g. captive or NOx
exempt area fleets) may be eligible by proving alternative compliance
• All on and off -road diesel equipment shall not idle for more than 5 minutes. Signs shall
be posted in the designated queuing areas and or job sites to remind drivers and operators
of the 5 minute idling limit
• Diesel idling within 1,000 feet of sensitive receptors is not permitted
•
•
Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors
Electrify equipment when feasible
• Substitute gasoline -powered in place of diesel -powered equipment, where feasible
• Use alternatively fueled construction equipment on -site where feasible, such as
compressed natural gas (CNG), liquefied natural gas (LNG), propane or biodiesel.
Rationale/Supporting Explanation: The SLOAPCD provides standard mitigation measures for
construction in the CEQA Air Quality Handbook, which are included as Mitigation Measure AQ-
2. Future development projects in the Morro Bay planning area would also be evaluated for air
quality impacts once project -level details are known and would be required to incorporate
additional mitigation if project construction emissions exceed the thresholds established by the
SLOAPCD. Because individual projects would be required to evaluate and mitigate potential air
quality impacts resulting from construction emissions and mitigate emissions as required by
SLOAPCD guidance, our quality impacts from construction of the General Plan and LCP Update
would be mitigated to a less than significant level. (FEIR p. 4.2-19 — 4 2-20.)
4.2 Biological Resources
Impact BIO-1: The FEIR concludes, in Impact BIO-1, new development facilitated by the
General Plan and LCP Update could impact listed and other individual special status species and
foraging and breeding habitat for special status wildlife and habitat for special status plants. This
impact would be less than significant with mitigation. (FEIR p. 4.3-29.)
Finding: The City Council finds changes or alterations have been required in, or incorporated
into, the project that avoid or substantially lessen the significant environmental effect as identified
in the FEIR. Mitigation Measures BIO-1(a) and BIO-1(b) would reduce the significant impact to
a less than significant level.
Mitigation Measure BIO-1(a): Policy C-1.3 shall be updated to read:
Policy C-1.3 Biological Site Assessments. A biological assessment shall be required for
any development proposed on sites that include or are within 100 feet of
mapped ESHA in Figure C-2 and all other sites with natural vegetation
regardless of whether ESHA has been mapped in Figure C-2, and for all other
projects for which evidence indicates that ESHA may be present either on or
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adjacent to the site. The best available information about the location of
FSHA in the City shall be used. Such assessment shall be prepared at the
owner's expense by a qualified biologist approved by the City and shall, at
minimum:
a. Identify and confirm the extent of the ESHA,
b. Document any site constraints and the presence of sensitive plant or
animal species,
c. Recommend buffers and development setbacks and standards to protect
the ESHA,
d. Recommend mitigation measures to address any allowable impacts If
listed species, or other special status species, or nesting birds are present
or have the potential to occut, spec fy avoidance and minimization
measures including compensatory mitigation to be implemented to avoid
or minimize take of individuals and loss of occupied habitat, and specify
the necessary consultat'on pathway(s) with USFWS NMFS, and/or
CDFW to obtain incidental take coverage where necessary, and
e. Include any other information and analyses necessary to understand
potential 1-SHA impacts as well as measures necessary to protect the
resource as tequired by the Local Coastal Program.
If the site contains the potential for monarch overwintering or rookeries due to
the presence of appropriately sized trees and groves, a seasonally timed survey
appropriate for detecting the target species must also be included in the study.
Mitigation Measure BIO-1(b): Policy OS-7.1 shall be updated to read:
Policy OS-7.1 Account for External Impacts. If any portion of the area outside the city
limits is included in the City's sphere of influence in the future, prepare and adopt a plan for
the affected parcels that includes infrastructure and services provided by the City of Motro
Bay. The plan shall also identify policies for the protection of natural resources in the affected
areas.
Rationale/Supporting Explanation Impacts to special status species would be less than
significant with implementation of Measures BIO-1(a) and BIO-1(b), which would update
policies in the General Plan and LCP Update to protect listed species and provide direction on
resource protection in any future SOI. (FEIR p. 4.3-29 - 4.3-37.)
Impact BIO-3: The FEIR concludes, in Impact BIO-3, new development facilitated by the
Genet al Plan and LCP Update may remove trees, encroach on rookeries and breeding sites,
impede movement ofteiiestiial and aquatic wildlife, and otherwise interfere with the movement
of wildlife. Impacts would be less than significant with mitigation. (FEIR p. 4.3-40.)
Finding: The City Council finds changes or alterations have been required in, or incorporated
into, the project that avoid or substantially lessen the significant enviionmental effect as identified
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in the FEIR. Mitigation Measure BIO-3 would reduce the significant impact to a less than
significant level.
Mitigation Measure BIO-3: The following policy shall be added to the Conservation
Element:
Policy C-1.17
Project Design for Wildlife Connectivity. Design new stream crossing
structures and extensions or modifications of existing structures to
accommodate wildlife movement. At a minimum, structures within
steelhead stieams must be designed in consultation with a fisheries biologist
and shall not impede movement New projects with long segments of
fencing and lighting shall be designed to minimize impacts to wildlife.
Fencing or other project components shall not block wildlife movement
though riparian or other natural habitat. Where fencing or other project
components that may disrupt wildlife movement is squired for public
safety concerns, they shall be designed to permit wildlife movement.
Rationale/Supporting Explanation: Impacts to wildlife movement corridors would be less than
significant with implementation of Measure BIO-3 to add a General Plan and LCP Update policy
to preserve wildlife movement corridors. (FEIR p. 4.3-40 — 4.3-41.)
Cumulative Impact — Biological Resources: The FEIR concludes implementation of the land
use development patterns under the General Plan and LCP Update could result in impacts on
special -status species, riparian, wetland, or other sensitive natural communities, as well as
wildlife movement in the planning area, and contribute to cumulative impacts to these resources
within the greater cumulative impact area (adjacent communities, including San Luis Obispo
County). (FEIR p. 4.3-42 — 4.3-43.)
Finding: The City Council finds changes or alterations have been required in, or incorporated
into, the project that avoid or substantially lessen the significant environmental effect as identified
in the FEIR. Mitigation Measures BIO-1(a), BIO-1(b) and BIO-3 would reduce the significant
impact to a less than significant level.
Implement Mitigation Measures BIO-1(a), BIO-1(b) and BIO-3
Rationale/Supporting Explanation: These mitigation measures would require additional policy
language in the General Plan and LCP Update to protect biological resources that have potential
to be impacted by development facilitated by the General Plan and LCP Update. These measures
reduce the General Plan and LCP Update s potential contribution to cumulative impacts to special
status species and wildlife movement corridors and contribution of the proposed General Plan and
LCP Update's cumulative impacts would not be cumulatively considerable. (FEIR p. 4.3-42 —
4.3 43.)
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4.3 Cultural Resources
Impact CR-1: The FEIR concludes, in Impact CR-1, development facilitated by the General Plan
and LCP Update has the potential to impact historical and unique archaeological resources. This
impact would be less than significant with mitigation. (Final EIR p. 4.4-9.)
Finding: The City Council finds changes or alterations have been required in, or incorporated
into, the project that avoid or substantially lessen the significant environmental effect as identified
in the Final EIR. Mitigation Measures CR-1(a) and CR-1(b) would reduce the significant impact
to a less than significant level.
Mitigation Measure CR-1(a): Policy C-2.3 of the General Plan and LCP Update shall be
revised to read:
Policy C-2.3 Protection of Cultural Resources. Ensure the protection of historic, cultural,
and archeological resources during development, construction, and other
similar activities. Development shall avoid, to the maximum extent feasible,
adversely impacting historic, cultural, and/or archaeological resouices, and
shall include adequate BMPs to address any such resources that may be
identified during construction, including avoidance, minimization, and
mitigation measures sufficient to allow documentation presetvation and other
forms of mitigation. If the resource(s) in question are of Native American
origin, develop avoidance or minimization measures in consultation with
appropriate Native American tribe(s).
Mitigation Measure CR-1(b): The following implementation action for Goal C-2 shall be
added to the General Plan and LCP Update:
Require all discretionary proposals within the cultural resources overlay to consider
the potential to disturb cultural resources. If preliminary reconnaissance suggests
that cultural resources may exist, a Phase I cultural resources study shall be
performed by a qualified professional meeting the Secretary of the Interior s (SOD
Professional Qualification Standard (PQS) for archaeology and/or architectural
history, as appropriate (NPS 1983).
A Phase I cultural resources study shall include a pedestrian survey of the project
site and sufficient background research and field sampling to determine whether
subsurface prehistoric or historic remains may be present. Archival research should
include a records search at the Cent al Coast Information Center (CCIC) and a
Sacred Lands F'le (SLF) search with the Native American Heritage Commission
(NAHC). Where identified or potential resouices are of Native American origin, the
appropriate Native American tribe(s) will participate with the qualified professional.
The technical report documenting the study shall include recommendations to avoid
or, if avoidance is not feasible, reduce impacts to cultural resources
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Rationale/Suppot ting Explanation: Implementation of Measures CR-1(a) and CR-1(b) would
update the General Plan and LCP Update to include a policy and implementation action to
address potential impacts to historical and unique archaeological resources on a project -by -
project basis by requiring cultural resource studies for projects within the city and the
implementation of further requirements to avoid or reduce impacts to those resources. Residual
impacts would be less than significant. (FEIR p. 4.4-9 — 4.4 12.)
Cumulative Impact — Cultural Resources: The Final h IR concludes the increase in growth in
previously undisturbed ateas would contribute to regional impacts on existing and previously
undisturbed and undiscovered historical and archaeological resources. Compliance with
applicable regulations and implementation of General Plan and LCP Update goals and policies
would minimize cumulative impacts to cultural resources. (FEIR p. 4.4-12 — 4.4-13.)
Finding: The City Council finds changes or alterations have been required in, or incorporated
into, the project that avoid or substantially lessen the significant environmental effect as identified
in the Final EIR. Mitigation Measures CR-1(a) and CR-1(b) would reduce the significant impact
to a less than significant level.
Implement Mitigation Measures CR-1(a) and CR-1(b)
Rationale/Supporting Explanation: Implementation of Measures CR-1(a) and CR-1(b) would
update the General Plan and LCP Update to include implementation actions to address potential
impacts to cultural resources on a project -by -project basis by requiring cultural resource studies
for projects within the city and the implementation of further requirements to avoid or reduce
impacts to cultural resources. Implementation of Mitigation Measures CR-1(a) and CR-1(b)
would ensure that potential impacts to cultural resources would not be cumulatively considerable,
and cumulative impacts to such resources would not be cumulatively considerable. (FFIR p. 4.4-
12 — 4.4-13.)
4.4 Noise
Impact N-2: The FEIR concludes, in Impact N-2, construction of individual projects facilitated
by the General Plan and LCP Update could temporarily generate groundborne vibration,
potentially affecting adjacent sensitive land uses. Although the Morro Bay Municipal Code's
timing restrictions on construction activity would limit vibration disturbance, high vibration
levels during working construction hours could potentially disturb people or damage fragile
buildings. (FEIR p. 4.10-16.)
Finding: The City Council finds changes or alterations have been required in, or incorporated
into, the project that avoid or substantially lessen the significant environmental effect as identified
in the FEIR. Mitigation Measure N-2 would reduce the significant impact to a less than
significant level.
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Mitigation Measure N-2: The following new policies shall be added to the Noise Element
under Goal NOI-3:
Policy NOI-3.5 Vibration Control. Control construction vibration by avoiding the use of
vibratory rollers near vibiation-sensitive receptors and scheduling
construction activities with the highest potential to produce vibiation to
hours with the least potential to affect sensitive land uses.
Policy NOI-3.6 Construction Vibiation Notification. Developers shall notify neighbors of
scheduled construction activities that would generate vibration.
Rationale/Supporting Explanation: The avoidance of vibratory rollers in close proximity to
✓ ibration -sensitive receptors would prevent potential structural damage from vibration. In
addition, the appropriate scheduling of construction activities and notification of neighbors would
minimize disturbance of people from vibration -generating equipment. Compliance with the
✓ ibration control and notification measures in Mitigation Measure N-2 would reduce temporary
✓ ibration impacts to a less than significant level. (FEIR 4.10-16 — 4.10-17.)
Cumulative Impact - Noise: The FEIR concludes site -specific cumulative impacts related to
exposure of existing and planned future receptors to construction vibrational noise sources would
be less than significant with mitigation incorporated. (FEIR p. 4.10-25.)
Finding: The City Council finds changes or alterations have been required in, or incorporated
into, the project that avoid or substantially lessen the significant environmental effect as identified
in the FEIR. Mitigation Measure N-2 would reduce the significant impact to a Tess than
significant level.
Implement Mitigation Measure N-2
Rationale/Supporting Explanation: Compliance with the vibration control and notification
measures in Mitigation Measure N-2 would reduce the project's contribution to cumulative
temporary vibration impacts to a less than significant level as vibratory rollers would not operate
in close proximity to vibration -sensitive receptors and prevent potential structural damage from
✓ ibiation. Cumulative impacts would not be cumulatively considerable. (Final EIR p. 4.10-17 and
4.10-25.)
4.5 Transportation and Traffic
Impact T-1: The FEIR concludes, in Impact T-1, implementation of the General Plan and LCP
Update would inci ease vehicle traffic volumes, which have the potential to interfere with
pedestrian and bicycle travel on or along roadways. The General Plan and LCP Update includes
goals and policies to improve safety access, and performance of public transit, bicycle, and
pedestrian transportation modes. Implementing specific pedestrian circulation improvement
measures at affected facilities would further improve the performance of pedestrian transportation
modes. (Final EIR p. 4.13-16.)
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Finding: The City Council finds changes or alterations have been required in, or incorporated
into, the project that avoid or substantially lessen the significant environmental effect as identified
in the FEIR. Mitigation Measure T-1 would reduce the significant impact to a less than significant
level.
Mitigation Measure T-1: The following pedestrian facility improvements shall be added to
the list of "Planned Circulation Improvements" in the General Plan and LCP Update
Circulation Flement.
• Embarcadero North of Beach Street: Provide sidewalks and a vehicular connection
shifting traffic away from Beach Street for the redeveloped Morro Bay Power Plant site.
• Morro Bay Boulevard: Provide a landscaped buffer at least two feet wide between the
sidewalk and travel lanes.
• Main Street south of Radcliffe Drive: Provide continuous sidewalks to provide acceptable
pedestrian operations.
• SR 41 east of Main Street. Provide sidewalks with a landscaped buffer when adjacent
properties are redeveloped.
In addition, Policy CIR-1.8 shall be revised as follows:
Policy CIR-1.8 Capital Improvement Program. Use the City's Capital Improvement Program
(CIP) process to prioritize, fund, and build roadwayz ail bikeway, and
pedestrian improvements, and to address phasing and construction of traffic
infrastructure throughout the city.
As individual development projects are proposed, focused, project -level environmental
review may be requited, which could result in the implementation of project -specific
mitigation measures to improve operations for pedestrians. Implementation of identified goals
and policies to improve performance and safety of the transportation system for pedestrian,
bicycle, and transit users would ensure that potential impacts associated with the performance
of alternative transportation facilities would maintain acceptable operation of pedestrian
modes.
Rationale/Supporting Explanation: Mitigation Measure T-1 describes pedestrian circulation
improvement measures at affected facilities which would improve operations for pedestrian
modes. Residual impacts would be less than significant (FEIR p. 4.11-16 — 4.11-20).
4.6 Tribal Cultural Resources
Impact TC-l: The Final EIR concludes, in Impact TC-1, development facilitated by the General
Plan and LCP Update has the potential to impact tribal cultural resources. Implementation of the
goals and policies of the General Plan and LCP Update would minimize the potential for impacts
to previously unidentified tribal cultural resources. (Final EIR p. 4.15-3)
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Finding: The City Council finds changes or alterations have been required in, or incorporated
into, the project that avoid or substantially lessen the significant enviionrnental effect as identified
in the FhIR. Mitigation Measures CR-1(a) and CR-1(b) would reduce the significant impact to a
less than significant level.
Implement Mitigation Measures CR-1(a) and CR-1(b) (refer to Section 4.3, Cultural
Resources).
Rationale/Supporting Explanation Impacts to tribal cultural resources would be less than
significant with implementation of Mitigation Measures CR-1(a) and CR-1(b), which would
update the General Plan and LCP Update to include a policy and implementation action to
address potential impacts to unique tribal cultural resources on a project -by -project basis by
requiring cultural resource studies for projects within the city and the implementation of further
requirements to avoid or reduce impacts to those resources. (FEIR p. 4.15-3 — 4.15-4.)
Cumulative Impact - Tribal Cultural Resources: The Final EIR concludes development in the
city would increase under buildout of the General Plan and LCP Update and the increase in
growth in previously undisturbed areas would contribute to regional impacts on tribal cultural
resources. (F EIR p. 4.15-4.)
Finding: The City Council finds changes or alterations have been required in, or incorporated
into, the project that avoid or substantially lessen the significant enviionmental effect as identified
in the FEIR. Mitigation Measures CR-1(a) and CR-1(b) would reduce the significant impact to a
less than significant level.
Implement Mitigation Measures CR-1(a) and CR-1(b)
Rationale/Supporting Explanation Implementation of the goals and policies in the General
Plan and LCP update, as well as implementation of Mitigation Measures CR-1(a) and CR-1(b)
would minimize potential impacts to ti ibal cultural tesources as a result of development
facilitated by the General Plan and LCP Update, as impacts would be addressed on a project -by -
project basis by requiring cultural resource studies for projects within the city and the
implementation of further requirements to avoid or reduce impacts to those resources. (Final EIR
p. 4.4-9 — 4.4 12.)
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CHAPTER 5
Significant Environmental Impacts
Pursuant to State CEQA Guidelines section 15091, the following are the impacts of the General
Plan and LCP Update for which impacts cannot be reduced to less than significant. These impacts
remain significant and unavoidable as identified in the FEIR.
5.1 Air Quality
Impact AQ-1: The FEIR concludes, in Impact AQ-1, the General Plan and LCP Update would
result in an increase in VMT that would exceed the projected rate of population growth in Morro
Bay, which would be inconsistent with the SLOAPCD Clean Air Plan. This would be a
significant and unavoidable impact (Final EIR p. 4.2-10).
Finding: The City Council finds specific economic, legal, social, technological, or other
considerations make infeasible the mitigation measures or project alternatives identified in the
Final EIR. No mitigation is available that would reduce the project rate of VMT growth below the
projected rate of population growth in Morro Bay. Theiefore, the General Plan and LCP Update
would be inconsistent with the SLOAPCD Clean An Plan, and impacts related to consistency
with the 2001 CAP would remain significant and unavoidable. A statement of overriding
considerations for this impact is made in Chapter 7.
Rationale/Supporting Explanation: The General Plan and LCP Update would comply with
applicable General Plan and LCP Update goals and policies that would reduce VMT to the extent
feasible. In addition, individual development projects in the planning area would require project -
level environmental review, including evaluation of future projects for consistency with the
applicable air quality plan in accordance with the SLOAPCD CEQA Air Quality Handbook,
which could result in the implementation of project -specific mitigation measures to reduce VMT.
However, no additional policy -oriented mitigation is available that would reduce projected VMT,
therefore this impact remains significant and unavoidable. (FEIR p. 4.2-10 — 4.2-19.)
Cumulative Impact - Air Quality: The FEIR concludes the General Plan and LCP Update's
conk ibution to cumulative regional air quality impacts would be significant and unavoidable.
(Final EIR p. 4.2-10.)
Finding: The City Council finds specific economic, legal, social technological, or other
considerations make infeasible the mitigation measures or project alternatives identified in the
Final EIR. No mitigation is available that would reduce the project rate of VMT growth below the
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projected rate of population growth in Morro Bay. Therefore, the General Plan and LCP Update
would be inconsistent with the SLOAPCD Clean An Plan, and impacts related to consistency
with the 2001 CAP would remain significant and unavoidable. A statement of overriding
considerations for this impact is made in Chaptei 7.
Rationale/Supporting Explanation: San Luis Obispo County is in non -attainment for the 1-hour
and 8-hour state standards for ozone and the 24-how state standard for PMio. Future development
throughout San Luis Obispo County would create ozone and PMio emissions, which would
contribute to continued or exacerbated violation of state emissions standards. Buildout of the
General Plan and LCP Update would result in an increase of VMT exceeding the rate of
population increase, which would be inconsistent with SLOAPCD's 2001 CAP, which is
intended to bring the County into attainment of the State ozone standard. Because the General
Plan and LCP Update would be inconsistent with the CAP, the General Plan and LCP Update's
contribution to cumulative regional air quality impacts would be significant and unavoidable.
(FEIR p. 4.2-25.)
5.2 Transportation
Impact T-2: The FEIR concludes, in Impact T-2, the General Plan and LCP Update anticipates
land use growth that would result in a long -tetra increase in VMT within the City's SOI. The
General Plan and LCP Update Circulation Element includes goals and policies that reduce
reliance on passenger vehicles, facilitate pedestrian and bicycle transportation, and establish local
targets for VMT reduction. However, future development in Morro Bay would result in increased
per service population VMT, and no feasible mitigation is available that would fully address the
anticipated increase in VMT. (Final EIR p. 4.13-21.)
Finding: The City Council finds specific economic, legal, social, technological, or other
considerations make infeasible the mitigation measures or project alternatives identified in the
FEIR. Mitigation is not available that would fully address the anticipated increase in VMT
resulting from the General Plan and LCP Update. A statement of overriding considerations for
this impact is made in Chapter 7.
Rationale/Supporting Explanation: Implementation of the goals and policies in the General
Plan and LCP Update would contribute to reducing VMT in Morro Bay. However, no additional
feasible mitigation is available that would fully address the anticipated increase in VMT.
Therefore, impacts associated with increased VMT in the Morro Bay SOI and in San Luis Obispo
County would remain significant and unavoidable after implementation of all applicable policies
in the General Plan and LCP Update. (FEIR p. 4.13-21 — 4 13-23.)
Cumulative Impact - Transportation. The FEIR concludes the General Plan and LCP Update's
contribution to cumulative VMT impacts would be significant and unavoidable. (Final EIR p.
4.13-25.)
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Finding: The City Council finds specific economic, legal, social, technological, or her
considerations make infeasible the mitigation measuies or project alternatives identified in the
FEIR. Mitigation is not available that would fully address the anticipated increase in VMT
resulting from the General Plan and LCP Update. A statement of overriding considerations for
this impact is made in Section 7.
Rationale/Supporting Explanation: The cumulative traffic impacts of the General Plan and
LCP Update were determined by a comparison of the Existing Conditions scenario and the
Buildout Plus Project Conditions scenario. The cumulative land use growth evaluated under
Buildout Plus Project conditions would result in an increase in daily VMT and daily per service
population VMT. The individual potential impacts of future development in Morro Bay are
speculative however, the cumulative impact of the increase in VMT in the Moiro Bay SOI and in
San Luis Obispo County identified for the General Plan and LCP Update would be potentially
significant. Future development in Moiro Bay would result in increased long-term VMT even
with implementation of identified goals and policies that would reduce VMT to an extent.
Individual development projects in Morro Bay would require focused, project -level
environmental review, and would require mitigation to seduce VMT whete potential
environmental impacts are identified Implementation of the goals and policies in the General
Plan and LCP Update would contribute to reducing VMT in Moiro Bay, but no additional
feasible mitigation is available that would fully address the anticipated increase in VMT resulting
from the Genes al Plan and LCP Update. Therefore, cumulative transportation impacts would
remain significant and unavoidable (Final EIR p. 4.13-25 — 4.13-26)
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Attachment A to Council Resolution 20-21
CHAPTER 6
Findings Regarding Project Alternatives
The City Council hereby declares it has considered and rejected as infeasible the alternatives
identified in the Final EIR and described below. CEQA requires an EIR evaluate a range of
reasonable alternatives to a project, or to the location of the project, which would feasibly obtain
most of the basic project objectives but would avoid or substantially lessen any of the significant
effects of the project (CEQA Guidelines §15126.6). The No Project alternative must be evaluated,
and if it is the environmentally superior alternative, another environmentally superior alternative
must be identified among the other alternatives (CEQA Guidelines subdivision 15126.6(e)).
The objective of the General Plan and LCP Update is to function as a policy document to guide
land use decisions within the city planning area through the year 2040. The Community Vision of
the General Plan is as follows:
In 2040, Morro Bay remains a small oceanfront town and thriving year-round destination
known for its natural beauty creative people, outdoor recreation, working waterfront, and
welcoming community spirit. It is a friendly, safe, resilient, and healthy place where
people of all ages and economic levels live, work, play, and visit.
The natural environment and wildlife are cherished and conserved and are essential
elements that integrate with and define our urban landscape. Our healthy wetlands, iconic
Morro Rock, and bustling harbor aie complemented by expansive parks, connected
bicycle lanes, safe streets, and pathways that are accessible to people of all ages and
abilities.
We have a deep appreciation for nature and honor our native, cultural and maritime
heritage. We maintain and support our working waterfront and carefully preserve our
estuary, watershed, natural shoreline, and surrounding open space. We adapt to changes
in the climate, economy, and culture without compromising our small-town character.
Our vibrant economy is strengthened by sustainable resource piactices, a responsive city
government, and leading -edge technology that empowers local business owners and
attracts new businesses and investors. We are a diverse, multigenerational community
where head -of -household jobs, sustainable living wages, and affordable housing options
serve as a foundation that allows people of all ages and income levels to thrive.
Modern, well -maintained public amenities and supportive community services nurture
our residents, community organizations, and neighborhood groups. We actively
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Findings of Fact
participate in government decisions and take pride in volunteerism. We welcome
personal expression and creativity, as reflected in our varied visitor attractions, bustling
dining scene, vibrant arts culture, community events, public art, and outdoor activities.
Our diverse housing, safe and eclectic neighborhoods and reliable transit system are
enhanced through suitable urban infill and mixed -use development that accommodates
modest residential and commercial growth.
Mindful of our rich heritage, we take great pride in our community and work together
toward a bright future.
The FEIR evaluated three project alternatives in addition to the proposed General Plan and LCP
Update. The alternatives analyzed in the FEIR are as follows:
• Alternative 1: No Project/Continue using 1988 General Plan and 1984 LCP
• Alternative 2: Proposed General Plan and LCP Update without Morro Bay Power
Plant/WWTP Redevelopment
• Alternative 3: Reduced Commercial Floor Area Ratio
The FEIR concludes that the No Project Alternative (Alternative 1) would be environmentally
superior in comparison to the General Plan and LCP Update because it would continue
implementation of the existing 1988 General Plan, which would accommodate less development
and growth than the General Plan and LCP Update Alternatives 2, or Alternative 3. Although
Alternative 1 would entail continued growth as dictated by the existing 1988 General Plan,
Alternative lwould not implement new policy language included in the General Plan and LCP
Update, such as policies intended to provide guidance for future development and reduce long-
term community impacts associated with growth. Alternative 2 would perform similar or better to
the General Plan and LCP Update for all environmental resource areas This alternative would
result in no new development on the former Morro Bay Power Plant and City WWTP
redevelopment sites instead designating these sites as Open Space/Recreation. Alternative 3
would perform similar or better to the General Plan and LCP Update for all environmental
resource areas. This alternative would result in less new commercial growth and development
overall due to the reduction in commercial FAR.
Based on the information presented herein, Alternative 2 would be the environmentally superior
alternative when considering overall environmental impacts relative to the performance metrics.
However, designating the former Morro Bay Power Plant and City WWTP redevelopment sites as
Open Space/Recreation would be inconsistent with the vision and objectives of the General Plan
and LCP Update because it would eliminate urban development from areas the City has
determined would contribute substantially to a pattern of compact future development, reducing
long-term development pressure on agricultural lands outside the planning area Additionally
reduced growth in these targeted redevelopment locations would be inconsistent with the goals of
the General Plan and LCP Update to attract new businesses and investors and provide head -of -
household jobs and affordable housing options.
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After Alternative 2, Alternative 1 is the next most environmentally superior alternative when
considering overall environmental impacts llelative to the performance metrics. However,
Alternative 1 would not meet the basic project objective to provide an updated community vision
foi Morro Bay by updating the 1988 General Plan, and would not avoid the significant and
unavoidable project -level of cumulative impacts associated with increased VMT, and may result
in additional long -team impacts associated with the need for expanded utility infrastructure.
6.1 Alternative 1: No Project
Description: Subdivision 15126.6(e) of the CEQA Guidelines requires a "no project" alternative
be evaluated in an EIR to allow decision makers to compare the impacts of approving a proposed
project with the impacts of not approving that project. CEQA Guidelines subdivision
15126.6(e)(3) describes the two general types of no project alternative: (1) when the project is the
ievision of an existing land use or regulatory plan, policy, or ongoing operation, the no project
alternative would be the continuation of that plan; and (2) when the project is not a land
use/regulatory plan, such as a specific development on an identifiable property, the no project
alternative is the circumstance under which that project is not processed (i.e., no development
o ccurs). Alternative 1 represents the former type of no project alternative and assumes the
continued implementation of the 1988 General Plan and 1984 LCP.
This alternative is comprised of a land use pattern that reflects the land use identified in the
e xisting 1988 General Plan. Under this alternative, the proposed General Plan and LCP Update
would not be adopted and the existing General Plan and LCP, including the land use map and all
o f the General Plan and LCP goals and policies, would remain in place through the horizon year
o f 2040. Thus, any new development in Morro Bay would occur consistent with the existing land
u se designations and the allowed uses within each designation. Similarly, any new infrastructure
would occur as envisioned in the existing 1988 Genet al Plan. Development under this alternative
is anticipated to be generally similar in much of the planning area but would not include mixed -
use development in the downtown area, or the identified redevelopment of the former Morro Bay
Power Plant and City wastewater treatment plant (WWTP) sites, iesulting in more non-residential
development than undei the General Plan and LCP Update. As a result, overall development and
anticipated growth would be reduced under the No Pioject Alternative compared to the General
Plan and LCP Update. This alternative assumes that the City's Sphere of Influence (SOI) would
not be extended to include 1,077 acres of the planning area beyond the city limits that is identified
as a future extension of Morro Bay's SOI. Therefore, the planning at ea for this alternative
e ncompasses the existing city limits and SOI. (FEIR p. 7-2 — 7-10.)
Finding: The City Council finds the No Project Alternative is infeasible because it fails to meet
any of the project objectives, including the Project's objective to guide land use decisions within
the City planning a►ea through the year 2040.
Rationale/Supporting Explanation: The No Project Alternative (Alternative 1) would not
implement new policy language included in the General Plan and LCP Update, such as policies
intended to provide guidance for future development and seduce long -tetra community impacts
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associated with growth. Alternative 1 would not eliminate the significant and unavoidable
project -level or cumulative impacts associated with increased VMT. (FEIR p. 7-25.)
6.2 Alternative 2: Proposed General Plan and LCP
Update without Morro Bay Power Plant/WWTP
Redevelopment
Description: One of the piimary long-term strategies of the proposed General Plan and LCP
Update land use plan is redevelopment of the former Morro Bay Power Plant and City WWTP
sites with uses that respond to their unique site attributes to provide future growth areas for the
city within the existing city limit. Undei the General Plan and LCP Update land use plan, the
former Morro Bay Power Plant and City WWTP sites are planned to accommodate Mixed Use,
Public/Institutional, Visitor Serving Commercial, and Open Space/Recreation uses with much of
the development being new. Approximately 50 percent of the planned non-residential land use
growth (from existing to buildout) and approximately 80 percent of the visitor -serving
commercial growth would occur at the former Morro Bay Power Plant and City WWTP sites. The
General Plan and LCP Update Land Use Element includes Policy LU-5.4 and Policy LU-5.5,
which require the city to develop master plans for these sites and the surrounding areas.
Alternative 2 would remove Policy LU-5.4 and Policy LU-5.5 from the General Plan and LCP
Update, and would revise the land use plan to include the former Morro Bay Power Plant and
City WWTP sites in Open Space/Recreation, preserving natural areas and resources, and
providing future recreational opportunities, consistent with other goals of the General Plan and
L CP Update. This alternative would build on the preservation of natural areas within the planning
area by reducing the amount of new development compared to the proposed General Plan and
L CP Update.
Under Alternative 2 approximately 3.1 million square feet of new commercial development
could be constructed in the planning area. This would be 5.7 million fewer square feet of new
commercial square footage than could be constructed compared to the General Plan and LCP
Update. Additionally, approximately 300 fewei residential units could be constructed within the
planning atea, as a result of the elimination of the mixed -use overlay in the Morro Bay Power
P lant redevelopment area.
Because 300 fewer dwelling units would be constructed under Alternative 2, population density
of the City would be reduced compared to the General Plan and LCP Update. Overall, Alternative
2 would reduce the growth in population in Morro Bay through the year 2040 by approximately 4
percent and would reduce the net growth in non-residential development through the year 2040
by approximately 52 percent compared to the General Plan and LCP Update. (FEIR p. 7-10 —
7.16 )
Finding: While Alternative 2 is environmentally similar to the pioject and would partially meet
the project objective to guide land use decisions within the city planning area through the year
2040, the City Council finds Alternative 2 is infeasible because it fails to meet some of the project
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objectives identified in the General Plan and LCP Update vision and values, including attracting
new businesses and investors, providing head -of -household jobs and affordable housing options,
and providing suitable urban infill and mixed -use development that accommodates modest
residential and commercial growth.
Rationale/Supporting Explanation: Designating the former Morro Bay Power Plant and City
WWTP redevelopment sites as Open Space/Recreation would be inconsistent with the vision and
values of the General Plan and LCP Update because it would eliminate urban development from
areas which would contribute substantially to a pattern of compact future development, reducing
long-teiin development pressure on agricultural lands outside the planning area Additionally
reduced growth in these targeted redevelopment locations would be inconsistent with the goals of
the General Plan and LCP Update to atti act new businesses and investors and provide head -of -
household jobs and affordable housing options. (FEIR p. 7-25.)
6.3 Alternative 3: Reduced Commercial Floor Area
Ratio
Description: Under the Reduced Commercial Floor Area Ratio (FAR) Alternative, the maximum
allowable FAR for the Community Commercial and Visitor -Serving Commercial land use
designations would be reduced from 1.25 to 1.0 to reduce commercial density and overall vehicle
miles traveled associated with new non-residential development. Approximately 75 percent of the
potential new commercial development identified in Table 2-5 of the Final EIR is comprised of
Community Commercial and Visitor -Serving Commercial land use (approximately 1.1 million
square feet of Community Commercial and approximately 5.5 million square feet of Visitor
Serving Commercial). Due to the reduction in overall growth, this alternative would
incrementally reduce new vehicle traffic. Development under Alternative 3 assumes that all goals
and policies put in place by the General Plan and LCP Update will be in force.
Under Alternative 3 approximately 7.5 million square feet of new commercial development
could be constructed in the planning area. This would be 1.3 million fewer square feet of new
commercial square footage than could be constructed under the General Plan and LCP Update.
Additionally, approximately 103 fewer residential units could be constructed within the planning
area, as a result of the FAR reduction within the planned mixed -use overlay areas.
Because 103 fewer dwelling units would be constructed under Alternative 3, population density
of the city would be reduced compared to the General Plan and LCP Update. Overall, Alternative
3 would reduce the growth in population in Morro Bay through the year 2040 by approximately 2
percent and would reduce the net growth in non-residential development tluough the yeat 2040
by approximately 12 percent compared to the General Plan and LCP Update. (FEIR p. 7.17-23.)
Finding: While Alternative 3 is environmentally similar to the pioject and would partially meet
the project objective to guide land use decisions within the city planning area through the year
2040, the City Council finds Alternative 3 is infeasible because it fails to meet some of the of the
project objectives identified in the General Plan and LCP Update vision and values, including
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attracting new businesses and investors, providing head -of -household jobs and affordable housing
options, and providing suitable urban infill and mixed -use development that accommodates
modest residential and commercial growth.
Rationale/Supporting Explanation: Reducing the allowable FAR for the Community
Commercial and Visitor -Serving Commei cial land use designations would be inconsistent with
the vision and values of the General Plan and LCP Update because it would seduce commercial
growth that would attiact new businesses and investors and provide head -of -household jobs and
affordable housing options. In addition, Alternative 3 would not eliminate any of the significant
and unavoidable impacts associated with the General Plan and LCP Update, as this alternative
would still iesult in substantial new growth and the associated incsease in new vehicle traffic.
(FEIR p. 7-25.)
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Attachment A to Council Resolution 20-21
CHAPTER 7
Statement of Overriding Considerations
7.1 Introduction
Section 15093 of the CEQA Guidelines requires lead agencies to adopt a Statement of Overriding
Consideiations if they elect to approve a project that has significant and unavoidable
environmental impacts. The FEIR for the General Plan and LCP Update identifies the following
significant and unavoidable impacts:
• Impact AQ-1: The FEIR concludes the General Plan and LCP Update would iesult in an
increase in VMT that would exceed the projected late of population growth in Moiro
Bay, which would be inconsistent with the SLOAPCD Clean Air Plan. This would be a
significant and unavoidable impact (Final FIR p. 4 2-10).
• Cumulative Impact - Air Quality: The FEIR concludes the General Plan and LCP
Update s contribution to cumulative regional air quality impacts would be significant and
unavoidable. (Final EIR p. 4.2-10.)
• Impact T-2: The FEIR concludes the General Plan and LCP Update anticipates land use
growth that would iesult in a long-term increase in VMT within the City's SOI. The
General Plan and LCP Update Circulation Element includes goals and policies that
reduce reliance on passenger vehicles, facilitate pedestiian and bicycle transportation, and
establish local targets foi VMT reduction. Howevei, future development in Moiro Bay
would iesult in increased per service population VMT, and no feasible mitigation is
available that would fully address the anticipated increase in VMT. (Final FIR p. 4.13-
21.)
•
Cumulative Impact - Transportation: The Final EIR concludes the General Plan and
LCP Update's contribution to cumulative VMT impacts would be significant and
unavoidable. (Final EIR p. 4.13-25.)
For projects that would result in significant environmental impacts that cannot be avoided, CEQA
requires that the lead agency balance the benefits of these projects against the unavoidable
environmental risks in determining whether to approve the projects. If the benefits of these
projects outweigh the unavoidable impacts, then those impacts may be considered acceptable
(CEQA Guidelines §15093[a]). CEQA requires, before adopting such projects, the public agency
adopt a Statement of Overriding Considerations setting forth the reasons why the agency finds the
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benefits of the project outweigh the significant environmental effects caused by the project. This
statement is provided below.
7.2 Required Findings
The City has identified significant and unavoidable environmental impacts that cannot be
lessened through application of feasible mitigation measures that can be incorporated into the
project. The City has also examined a reasonable range of alternatives to the project and has
determined that none of these alternatives would satisfy the project objectives identified in the
General Plan and LCP Update vision and values to the same extent of greater as the pioject. The
City Council finds the project has eliminated or substantially lessened all significant effects on
the environment where feasible, and finds, on balance, the remaining significant and unavoidable
impacts of the project ai e acceptable because the benefits of the project outweigh them.
In preparing this Statement of Overriding Considerations, the City Council has balanced the
benefits of the project against its unavoidable environmental risks.
The City Council hereby finds it is imperative to balance competing goals in approving the
General Plan and LCP Update and the environmental documentation of the General Plan and LCP
Update. Not every environmental concern has been fully satisfied because of the need to satisfy
competing concerns to a certain extent. The City Council has chosen to accept certain
environmental impacts because of the many benefits inherent in the attainment of City, regional,
and State goals, as well as the implementation of required mitigation measures, would balance the
potential for environmental impacts to occur
The City Council hereby finds the FEIR has identified and discussed significant effects that may
occur as a result of the General Plan and LCP Update. With the incorporation of the goals and
policies as identified in the findings, potential impacts are reduced to a level of less than
significant except for the unavoidable and significant impacts discussed in Subsection 7.1, above.
The City Council hereby finds it has made a reasonable and good faith effort to eliminate or
substantially mitigate the potential impacts resulting from the General Plan and LCP Update.
The City Council further determines except for the General Plan and LCP Update, all other
alternatives set forth in the FEIR are infeasible because they may not substantially reduce
environmental impacts associated with the General Plan and LCP Update, and would prohibit the
realization of the General Plan and LCP Update vision and values and/or specific economic,
social, or other benefits the City Council finds outweigh any environmental benefits of the
alternatives.
The City Council hereby finds and determines, having reduced the adverse significant
environmental effects of the General Plan and LCP Update to the extent feasible by including
goals and policies in the General Plan and LCP Update, having considered the entire
administrative record on the General Plan and LCP Update, and having weighted the benefits of
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the General Plan and LCP Update against its unavoidable significant impacts after mitigation, the
General Plan and LCP Update and the supporting environmental documentation provide for a
positive balance of the competing goals and that the economic, social and other benefits to be
obtained by the General Plan and LCP Update outweigh any remaining environmental impacts
and related potential detriment of the project and render those potential significant impacts
acceptable based on the considerations noted below.
The City Council finds the project objectives and community values that would be achieved from
implementation of the General Plan and LCP Update, as outlined below, outweigh the project's
unavoidable environmental risks. Each of the separate benefits of the General Plan and LCP
Update, as stated below, is determined to be, unto itself and independent of the other benefits of
the General Plan and LCP Update, a basis for overriding all unavoidable adverse environmental
impacts identified in these Findings. The alternatives, which were identified in the FEIR would
not meet, either in part or in whole to the same extent as the General Plan and LCP Update, the
fundamental project objectives and goals of the Genet al Plan and LCP Update, including those as
set forth in the General Plan, and each and all of which are deemed and considered by the City to
be benefits of the proposed modified General Plan and LCP Update.
Among others, the General Plan and LCP Update has been prepared to do the following:
• Natural Environment. Preserve the community's estuary, shoreline and open green
spaces, and ensure the parks and recreation spaces are healthy, resilient, and accessible to
all.
■ Heritage & Identity. Welcome visitors while maintaining our small-town character and
honoring our maritime heritage.
• Jobs & Housing Provide a range of affordable housing options and living wage Jobs
resulting in a higher quality of life.
■ Economic Vitality. Support a diverse and sustainable economy for both new and existing
locally owned businesses, including community -supporting tout ism.
• Infrastructure & Amenities. Maintain and provide modern, resilient infrastructure and
public amenities.
Mobility & Access. Provide safe and accessible streets, trails, and multimodal
transportation options that conveniently connect people and places throughout town and
to surrounding destinations.
■ Good Governance. Maintain a government that is supportive, collaborative, equitable,
and responsive to the needs of all segments of the population.
• Resident Services. Provide a range of public services that support a diverse and
multigenerational community.
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The General Plan and LCP Update directs the way in which development in the City will occur to
accommodate future growth and trends while maintaining the character of the Morro Bay
community, consistent with these objectives.
In this regard, the project objectives of the General Plan and LCP Update are reflected in the
following General Plan and LCP Update goals:
■ LU-1: The community form of Mono Bay reflects its vision and values, promoting a
strong economy and high quality of life.
■ LU-5: Coastal priority uses are viable, protected, and contribute to the economy and
character of Morro Bay.
• LU-8: Morro Bay's downtown and waterfront areas are active and welcoming locations
for shopping, recreation, public access, visitor -serving needs, and coastal services.
■
CD-1 The individual identity of each of Morro Bay's character areas is embraced and
represented by new and renovated development.
• CD-2 The community is designed to be resilient to future climate conditions, weather
events, and economic and social change.
■ ED-3: Local businesses and employment options are high quality, diverse, and
environmentally sustainable.
ND-4: Employment provides a range of head -of -household jobs that pay living wages and
support living in Morro Bay.
• CIR-1: Residents and visitors can easily move about the city in a variety of safe and
active ways.
• CIR-3: Traffic monitoring considers all methods of travel, with emphasis on active and
sustainable transportation methods.
• NOI-1: A healthy and safe noise environment for Morro Bay residents, businesses, and
visitors.
■ NOI-2: Minimize transportation -related noise.
• NOI-3: Noise from construction activities associated with maintenance vehicles, special
events, and other nuisances is minimized in residential areas and near noise -sensitive land
uses.
• C-1: Sensitive habitats are protected from potential negative impacts of land use and
development.
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■ C-2: Cultural and historic resources are identified for protection and showcased as a vital
part of Morro Bay history.
• C-3: Air quality in Morro Bay continues to improve through local actions and
interagency cooperation.
• C-4: Greenhouse gas emissions in Morro Bay are reduced and consistent with state goals.
• C-5: Morro Bay is a leader in energy innovation and sustainable usage.
■ C-6: Energy available to Morro Bay residences, businesses, and public buildings is
renewable and sustainable.
■ C-7: Morro Bay water is safe, available, and used in an environmentally responsible
manner.
• C-8: Morro Bay is a zero waste community.
• C-9: The aesthetic and visual natural resources in and around Morro Bay are protected to
preset ve the community's identity.
■ OS-1: The public has access to plentiful and well -maintained parks, beaches, and
recreational activities throughout Morro Bay.
• OS-4: Coastal and marine habitat wildlife and resources are protected while maintaining
the cultural identity of the habitat.
• OS-5: Natural resources are preserved to balance the use of open space for outdoor
recreation opportunities.
■ OS-6: Open spaces are preserved through adaptation strategies to mitigate the effects of
sea level rise and promote community resiliency.
■ OS-7: Portions of the planning area outside the city limits are planned in a way that
preserves their rural nature while providing essential services and infiastructure.
PS-2: Development is protected from natural disasters and hazards to the greatest extent
possible.
• PS-3: Morro Bay is prepared for and responsive to the effects of sea level rise and other
coastal hazards in both the short and longer term future.
• PS-4: Response to emergencies is quick, efficient, and effective.
• EJ-4: Morro Bay recognizes and is prepared for increased health risks due to current and
anticipated future climate change effects.
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Findings of Fact
The General Plan and LCP Update Land Use Element directs the way in which development in
the City will occur to accommodate future growth and trends while maintaining the character of
the Morro Bay community, consistent with these goals. The Community Design Element
addresses the components of Morro Bay's unique style that will be preserved and enhanced
through the General Plan and LCP Update as the City changes over time. The Economic
Development Element directs actions that promote a sustainable economy that can withstand
fluctuations in the economic environment of the City. The Circulation h lement plans for a
multimodal transportation network that serves all users and reduces GHGs and vehicle miles
traveled. The Noise Element protects current and planned land uses, addresses sites and standards
for new housing, supports the location and design of new transportation facilities, addresses
traffic noise, and considers how noise adversely affects the enjoyment of recreational pursuits and
wildlife. The Conservation Element considers plans for development and their effect on all
natural resources located on public lands, including greenhouse gas emissions and water
resources, supply, and quality. The Open Space Element establishes goals and policies to protect
and conserve Morro Bay's open space resources and addresses opportunities to expand the open
space system by assessing park and trail facilities, coastal facilities, and recreation programs The
Public Safety Element addresses public safety, with a specific focus on hazard identification and
mitigation. The Environmental Justice Element addresses the social aspects of community design.
The mixed -use nature of the General Plan and LCP Update encourages diversification and
development of the City's economic base. Within additional residential uses, there will be
additional pioperty tax revenues available that will provide additional benefits. Additionally,
within the commercial uses there is a broad diversification of uses that range from the provisions
of various types of sales taxes (restaui ants, entertainment, etc.) to potential transient occupancy
taxes (hotel uses). Further, the General Plan and LCP Update will provide significant benefits to
the City and community in terms of creating both short and long-term employment opportunities
for the residents of the City including construction work and long-term jobs in the commercial
and industrial sector, which are reasonably expected to 1 esult in more personal income likely to
be spent locally, resulting in additional tax revenues and economic development.
Tax revenues in the City are important given the current budget and fiscal constiaints being
experienced by the City; and the City's demographics and business realities are likely to continue
to affect revenues detrimentally, which potentially threatens budget shortfalls. The City has more
residents to serve, but the cost of doing so has increased The City finds the opportunity to realize
additional property, sales and transit occupancy tax revenues is an important consideration for the
City.
Consequently, it is reasonably expected the City and its residents will enjoy the economic and
social benefits from the diversity of the economic benefits pi ovided by the General Plan and LCP
Update. These economic opportunities are especially significant in light of budgetary and other
constiaints experienced by the City, and which can be further compounded by economic
downturns in budgetary situations involving less diversification. This promotes the economic
well-being of the City, including the funding of essential services provided by the City.
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Attachment A to Council Resolution 20-21
Each of these benefits provides a separate and independent basis for overriding the significant
environmental effects of the General Plan and LCP Update.
As the CEQA lead agency for the proposed action, the City has reviewed the General Plan and
LCP Update and the alternatives presented in the EIR. The City Council finds there are no
feasible mitigation measures or alternatives that «ould further reduce 01 eliminate the significant
u navoidable impacts of implementing the General Plan and LCP Update, which create and/or
otherwise contribute to related cumulative impacts. For the seasons stated above and based on
substantial evidence in the record before it, the City Council finds these unavoidable adverse
e nvironmental impacts are acceptable and, furthermore, finds the benefits of the General Plan and
LCP Update outweigh its unavoidable adverse environmental effects. Further, the City Council
finds all potential adverse environmental impacts and all feasible policy of mitigation measures to
reduce the impacts from the Project have been identified in the Di aft EIR, the FEIR and public
testimony. The City also finds a reasonable range of alternatives was considered in the FEIR and
this document, Chapter 6, above, and finds approval of the General Plan and LCP Update is
appropriate.
The City Council has identified economic and social benefits and important policy objectives that
will result from implementing the General Plan and LCP Update. The City Council has balanced
these substantial social and economic benefits against the unavoidable significant adverse effects
o f the General Plan and LCP Update. Given the substantial social and economic benefits that will
accrue from the General Plan and LCP Update, the City Council finds these specific overriding
benefits of the Project outweigh the significant impact on the environment.
Public Resource Code section 21002 states, in part, "In the event specific economic, social and
other conditions make infeasible such Pioject alternatives or such mitigation measures, individual
projects can be approved in spite of one of more significant effects thereof." Public Resources
Code subdivision 21002.1 (c) provides, "In the event that economic, social, or other conditions
make it infeasible to mitigate one or more significant effects of a project on the environment, the
project may nonetheless be approved or carried out at the discietion of a public agency".
Finally, California Administrative Code, Title 4, subdivision 15093(a) states, "If the benefits of a
Project outweigh the unavoidable adverse environmental effects, the adverse environmental
e ffects may be considered `acceptable."'
The City Council hereby declares the foregoing benefits provided to the public through approval
and implementation of the project outweigh the identified significant adverse environmental
impacts of the project that cannot be mitigated. The City Council finds each of the project
benefits outweighs the unavoidable adverse environmental impacts identified in the FEIR, and
finds those impacts to be acceptable.
Based upon the objectives identified for the project, the City Council has determined the General
Plan and LCP Update should be approved and the unmitigated environmental impacts attributable
to the pi oject are outweighed by the specific economic, social and other overriding considerations
as described above.
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Attachment A to Council Resolution 20-21
Findings of Fact
The City Council has determined any environmental detriment caused by the General Plan and
LCP Update has been minimized to the extent feasible through mitigation measures identified
herein and where not feasible has been outweighed and counterbalanced by the significant
social benefits to be generated to the City, its residents, and the region.
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Attachment B to Council Resolution 20-21
Mitigation Monitoring and Reporting Program
Mitigation Monitoring and Reporting Program
This document is the Mitigation Monitoring and Reporting Program (MMRP) for the Morro Bay
General Plan and Local Coastal Plan Update, SCH#2017111026, proposed in the City of Morro Bay,
California. Public Resources Code subdivision 21081.6(a)(1) requires a Lead Agency adopt an MMRP
before approving a project to mitigate or avoid significant impacts that have been identified in an
Environmental Impact Report (EIR). The purpose of the MMRP is to ensure the required mitigation
measures identified in the EIR are implemented as part of the overall project development process.
In addition to ensuring implementation of mitigation measures, the MMRP provides guidance to
agency staff and decision -makers during project implementation and identifies the need for
enforcement action before irreversible environmental damage occurs. The MMRP must be adopted
when the City Council makes a final decision on the project.
The following table summarizes the mitigation measures identified in the Final EIR for the proposed
project. Specifically, the table identifies each mitigation measure; the action required for the
measure to be implemented; the time at which the monitoring is to occur; the monitoring
conditions; and the agency or party responsible for ensuring that the monitoring is performed. Once
completed, all monitoring actions will be reported in writing to or by the City, which will maintain
mitigation monitoring records for the proposed project.
01181.0001/712686.1 JPANNONE_ALWY
Final Environmental Impact Report G-1
Attachment B to Council Resolution 20-21
City of Morro Bay
Morro Bay General Plan and LCP Update
Mitigation Measure
Action Required :
When
Monitoring to
Occur
Monitoring
Frequency
Responsible
Agency or Party
Compliance verification i
Initial:: Date =Comments
AQ-2. Standard Mitigation for Construction Equipment.
Proponents of individual land use projects, or other projects
requiring grading or building permits, shall require construction
contractors to incorporate the following standard mitigation
measures, as applicable, to reduce ROG, NOx, and DPM
emissions from construction equipment. Mitigation measures
shall be listed on project construction plans and the project
proponent shall perform periodic site Inspections during
construction to ensure that mitigation measures are being
implemented.
• Maintain all construction equipment In proper condition
according to manufacturer's specifications
• Fuel all off -road and portable diesel -powered equipment
with ARB-certified motor vehicle diesel fuel (non -taxed
version suitable for use off -road)
• Use diesel construction equipment meeting ARB's Tier 2
certified engines or cleaner off -road heavy-duty diesel
engines, and comply with the State Off -Road Regulation
• Use on -road heavy-duty trucks that meet ARB's 2007 or
cleaner certification standard for on -road heavy-duty diesel
engines, and comply with the State On -Road Regulation
• Construction or trucking companies with fleets that that do
not have engines in their fleet that meet the engine
standards identified in the above two measures (e.g.,
captive or NOx exempt area fleets) may be eligible by
proving alternative compliance
• All on and off -road diesel equipment shall not idle for more
than 5 minutes. Signs shall be posted in the designated
queuing areas and or job sites to remind drivers and
operators of the 5-minute idling limit
• Diesel idling within 1,000 feet of sensitive receptors is not
permitted
• Staging and queuing areas shall not be located within 1,000
feet of sensitive receptors
• Electrify equipment when feasible
Verify all SLOAPCD
Standard Mitigation for
Construction Equipment
or the equivalent are
implemented for all
projects as applicable.
During project
construction
Continuously
during project
construction
City of Morro Bay
Community
Development
Department
G-2
Attachment B to Council Resolution 20-21
Mitigation Monitoring and Reporting Program
Mitigation Measure.:
Action Required ;
When
Monitoring to
Occur
Monitoring Responsible
Frequency Agency or Party
Compliance Verification
Initial Date Comments
Substitute gasoline -powered in place of diesel -powered
equipment, where feasible
Use alternatively fueled construction equipment on -site where
feasible, such as compressed natural gas (CNG), liquefied
natural gas (LNG), propane or biodiesel.
BIO-1(a) Avoidance and Minimization during Development.
Policy C-1 3 shall be updated to read:
Policy C-1.3. Biological Site Assessments. A biological
assessment shall be required for any development proposed
on sites that include or are within 100 feet of mapped ESHA
in Figure C-2, and all other sites with natural vegetation
regardless of whether ESHA has been mapped in Figure C-2,
and for all other projects for which evidence indicates that
ESHA may be present either on or adjacent to the site. The
best available information about the location of ESHA in the
City shall be used. Such assessment shall be prepared at the
owner's expense by a qualified biologist approved by the
City and shall, at minimum:
a. Identify and confirm the extent of the ESHA,
b. Document any site constraints and the presence of
sensitive plant or animal species,
c. Recommend buffers and development setbacks and
standards to protect the ESHA,
d
a' o •a.,o.,w;c Impacts If listed species, other special status
species, or nesting birds are present or have potential to
occur, then specify avoidance and minimization
measures, including compensatory mitigation, to be
implemented to avoid or minimize take of individuals
and Toss of occupied habitat, and specify the necessary
consultation pathway(s) with USFWS, NMFS, and/or
CDFW to obtain incidental take coverage, where
necessary, and
e. Include any other information and analyses necessary to
understand potential ESHA impacts as well as measures
Verify vibration control
policies are incorporated
into Final General Plan
and LCP Update
With adoption Once
of Final General
Plan and LCP
Update
City of Morro Bay
Community
Development
Department
01181.0001/712686.1 JPANNONE_ALWY
Final Environmental Impact Report G-3
Attachment B to Council Resolution 20-21
City of Morro Bay
Morro Bay General Plan and LCP Update
Mitigation Measure
Action Required
When
Monitoring to
occur
Monitoring Responsible
Frequency Agency or Party
Compliance Verification
Initial' Date Comrnents';
necessary to protect the resource as required by the
Local Coastal Program.
If the site contains the potential for monarch overwintering
or rookeries due to the presence of appropriately sized trees
and groves, then a seasonally timed survey appropriate for
detecting the target species must also be included in the
study.
BIO-1(b) External Impacts. Policy 05-7 shall be updated to
read:
Policy OS-7.1. Account for External Impacts. If any portion of
the area outside the City limits is included in the City's
sphere of influence in the future, then prepare and adopt a
plan for the affected parcels that includes infrastructure and
services provided by the City of Morro Bay. The plan shall
also identify policies for the protection of natural resources
in the affected areas.
BIO-3. Wildlife Movement Corridors Protection. The following
policy shall be added to the Conservation Element.
Policy C-1.17. Project Design for Wildlife Connectivity.
Design new stream crossing structures and extensions or
modifications of existing structures to accommodate wildlife
movement. At a minimum, structures within steelhead
streams must be designed in consultation with a fisheries
biologist and shall not impede movement. New projects with
long segments of fencing and lighting shall be designed to
minimize impacts to wildlife. Fencing or other project
components shall not block wildlife movement through
riparian or other natural habitat. Where fencing or other
project components that may disrupt wildlife movement is
required for public safety concerns, they shall be designed to
permit wildlife movement.
This policy shall be supported by adding the following
implementation action to Goal-1 of the Conservation Element:
Wildlife movement features shall be included when
designing new or modified stream crossing structures to
allow wildlife movement including for aquatic and terrestrial
Verify vibration control
policies are incorporated
into Final General Plan
and LCP Update
Verify vibration control
policies are incorporated
into Final General Plan
and LCP Update
With adoption Once
of Final General
Plan and LCP
Update
With adoption Once
of Final General
Plan and LCP
Update
City of Morro Bay
Community
Development
Department
City of Morro Bay
Community
Development
Department
G-4
Attachment B to Council Resolution 20-21
Mitigation Monitoring and Reporting Program
Mitigation Measure
Action Required
When
Monitoring to
Occur
Compliance Verification
Monitoring , Responsible
Frequency Agency or Party Initial Date Comments.
species. Fencing or other components shall be designed to
allow movement.
CR-1(a). Avoidance or Minimization of Historic, Cultural, and
Archaeological Resources Impacts. Policy C-2.3 of the General
Plan and LCP Update shall be revised to read:
Policy C-2.3. Protection of Cultural Resources. Ensure the
protection of historic, cultural, and archeological resources
during development, construction, and other similar
activities. Development shall avoid, to the maximum extent
feasible, adversely impacting historic, cultural, and/or
archaeological resources, and shall include adequate BMPs
to address any such resources that may be identified during
construction, including avoidance, minimization, and
mitigation measures sufficient to allow documentation,
preservation, and other forms of mitigation. If the
resource(s) in question are of Native American origin,
develop avoidance or minimization measures in consultation
with appropriate Native American tribe(s).
Verify vibration control
policies are incorporated
into Final General Plan
and LCP Update
With adoption Once
of Final General
Plan and LCP
Update
CR-1(b). Cultural Resources Study Implementation Action. The
following implementation action for Goal C-2 shall be added to
the General Plan and LCP Update:
Require all discretionary proposals within the cultural
resources overlay to consider the potential to disturb
cultural resources. If preliminary reconnaissance suggests
that cultural resources may exist, a Phase I cultural
resources study shall be performed by a qualified
professional meeting the Secretary of the Interior's (5011
Professional Qualification Standard (PQS) for archaeology
and/or architectural history, as appropriate (NPS 1983).
A Phase I cultural resources study shall include a pedestrian
survey of the project site and sufficient background research
and field sampling to determine whether subsurface
prehistoric or historic remains may be present. Archival
research should include a records search at the Central
Coast Information Center (CCIC) and a Sacred Lands File
(SLF) search with the Native American Heritage Commission
Verify vibration control
policies are incorporated
into Final General Plan
and LCP Update
City of Morro Bay
Community
Development
Department
With adoption Once
of Final General
Plan and LCP
Update
City of Morro Bay
Community
Development
Department
01181.0001/712686.1 JPANNONE_ALWY
Final Environmental Impact Report G-5
Attachment B to Council Resolution 20-21
City of Morro Bay
Morro Bay General Plan and LCP Update
Mitigation Measure
Action Required
When
Monitoring to Monitoring
Occur Frequency
Responsible
Agency or Party:.
Compliance Verification
Initial Date Comments`
(NAHC). Where identified or potential resources are of
Native American origin, the appropriate Native American
tribe(s) will participate with the qualified professional. The
technical report documenting the study shall include
recommendations to avoid or, if avoidance Is not feasible,
reduce impacts to cultural resources.
N-2. Construction Vibration Control Measures and
Notification. The following new policies shall be added to the
Noise Element under Goal NOI-3:
Policy NOI-3.5. Vibration Control. Control construction
vibration by avoiding the use of vibratory rollers near
vibration -sensitive receptors and scheduling construction
activities with the highest potential to produce vibration to
hours with the least potential to affect sensitive land uses.
Policy NOI-3.6. Construction Vibration Notification.
Developers shall notify neighbors of scheduled construction
activities that would generate vibration.
T-1. Pedestrian Facility Improvements. The following
pedestrian facility improvements shall be added to the list of
"Planned Circulation Improvements" in the General Plan and
LCP Update Circulation Element.
• Embarcadero North of Beach Street: Provide sidewalks and
a vehicular connection shifting traffic away from Beach
Street for the redeveloped Morro Bay Power Plant site.
• Morro Bay Boulevard: Provide a landscaped buffer at least
two feet wide between the sidewalk and travel lanes.
• Main Street south of Radcliffe Drive: Provide continuous
sidewalks to provide acceptable pedestrian operations.
• SR 41 east of Maln Street: Provide sidewalks with a
landscaped buffer when adjacent properties are
redeveloped.
In addition, Policy CIR-1.8 shall be revised as follows:
Policy CIR-1.8. Capital Improvement Program. Use the City's
Capital Improvement Program (CIF) process to prioritize,
fund, and build roadway, end bikeway, and pedestrian
Verify vibration control
policies are incorporated
into Final General Plan
and LCP Update
Verify vibration control
policies are incorporated
into Final General Plan
and LCP Update
With adoption Once
of Final General
Plan and LCP
Update
With adoption Once
of Final General
Plan and LCP
Update
City of Morro Bay
Community
Development
Department
City of Morro Bay
Community
Development
Department
G-6
Attachment B to Council Resolution 20-21
Mitigation Monitoring and Reporting Program
Mitigation Measure'
Action Required
When
Monitoring to
Occur
Monitoring Responsible
Frequency Agency or Party
Compliance Verification,
Initial Date Comments
Improvements, and to address phasing and construction of
traffic infrastructure throughout the city.
TC-1. Tribal Cultural Resources. The Final EIR concludes, in
Impact TC-1, development facilitated by the General Plan and
LCP Update has the potential to impact tribal cultural resources.
Implementation of the goals and policies of the General Plan
and LCP Update would minimize the potential for impacts to
previously unidentified tribal cultural resources. (Final EIR
p. 4.15-3). The City Council finds changes or alterations have
been required in, or incorporated into, the project that avoid or
substantially lessen the significant environmental effect as
identified in the FEIR. Mitigation Measures CR-1(a) and CR-1(b)
would reduce the significant impact to a less than significant
level.
Verify vibration control
policies are incorporated
into Final General Plan
and LCP Update
With adoption Once
of Final General
Plan and LCP
Update
City of Morro Bay
Community
Development
Department
01181.0001/712686.1 JPANNONE_ALWY
Final Environmental Impact Report G-7
Attachment B to Council Resolution 20-21
City of Morro Bay
Morro Bay General Plan and LCP Update